DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10434)

SELECT CIVIL PTY LIMITED / CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2014-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Select Civil Pty Limited / CFMEU Civil Construction Collective Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Select Civil Pty Limited / CFMEU Civil Construction Collective Agreement 2014-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Select Civil Pty Limited, sought approval of a proposed industrial instrument, namely the Select Civil/CFME Civil Construction Collective Agreement 2014-2016. The respondent, Construction, Forestry, Mining and Energy Union (CFMEU), opposed the application on various grounds. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed agreement was in compliance with the Fair Work Act 2009. Specifically, the CFMEU argued that the agreement failed to provide adequate protections for employees, did not align with the principles of the Act, and contained clauses that were contrary to public policy.

The Commission carefully examined the provisions of the agreement, considering the arguments of both parties. It found that the agreement contained certain provisions that were not in accordance with the Act, particularly in relation to the protection of employee rights and public policy. The Commission held that while the majority of the agreement was acceptable, the offending clauses necessitated rejection of the application for approval. The Commission's decision was grounded in the need to ensure that all industrial instruments provided fair and reasonable terms for employees, in line with the objectives of the Fair Work Act.

The Fair Work Commission ultimately determined that the Select Civil/CFME Civil Construction Collective Agreement 2014-2016 could not be approved in its current form due to the inclusion of clauses that contravened the Act. The application was dismissed. The Commission's decision underscored the importance of ensuring that all industrial agreements comply with the statutory framework designed to protect employees and uphold fair work principles.

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