DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/461)

P J CONNOLLY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 26 MARCH 2015

Application for approval of the P J Connolly Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe
P J Connolly Pty Ltd / CFMEU Collective Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between P J Connolly Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement was submitted for the period 2014-2017, and the Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009. The primary issue at hand was whether the agreement adequately addressed the terms and conditions of employment, including pay rates, working hours, and other employment-related matters, in a manner that was fair and reasonable. The Commission also had to consider whether the agreement provided for the resolution of disputes and if it complied with relevant industrial laws.

The Commission examined the provisions of the agreement to ensure they adhered to the statutory requirements of the Fair Work Act. This included an assessment of whether the agreement covered all necessary terms and conditions of employment, was free from any discriminatory clauses, and provided an adequate framework for dispute resolution. Furthermore, the Commission considered whether the agreement was made in good faith and whether it reflected a fair balance of interests between the employer and the employees. The Commission also had to ensure that the agreement did not contravene any existing awards or agreements that could have a higher priority under the industrial relations framework.

After careful consideration of the evidence and arguments presented by both parties, the Commission concluded that the collective agreement met the statutory requirements of the Fair Work Act. The agreement was found to cover all necessary terms and conditions of employment, was free from discriminatory clauses, and provided an adequate framework for dispute resolution. The Commission determined that the agreement was made in good faith and reflected a fair balance of interests between the employer and the employees. The Commission also found that the agreement did not contravene any existing awards or agreements with higher priority.

Consequently, the Fair Work Commission approved the P J Connolly Pty Ltd / CFMEU Collective Agreement 2014-2017. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable. This decision provides certainty for both the employer and the employees, ensuring that the agreement is in compliance with the industrial relations laws of Australia.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established