DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/324)

INTEGRATED PEOPLE PTY. LTD. / CFMEU REGIONAL NSW BUILDING AND CONSTRUCTION COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MARCH 2015

Application for approval of the Integrated People Pty. Ltd. /CFMEU Regional NSW Building and Construction Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe
Integrated People Pty. Ltd. /CFMEU Regional NSW Building and Construction Collective Agreement 2015-2017 (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 involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Integrated People Pty. Ltd. The dispute was about the approval of the Integrated People Pty. Ltd./CFMEU Regional NSW Building and Construction Collective Agreement 2015-2017. The matter was heard in the Fair Work Commission, the federal industrial relations tribunal of Australia.

The key legal issues that the court needed to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it complied with the principles of good faith bargaining. The court examined the process through which the agreement was reached, the content of the agreement itself, and if it adhered to the obligations of the parties involved in the collective bargaining process.

In its decision, the Fair Work Commission concluded that the agreement did meet the statutory requirements and was compliant with the principles of good faith bargaining. The court found that the process through which the agreement was reached was fair and that the content of the agreement was reasonable and balanced. The Commission determined that the agreement did not contravene any provisions of the Fair Work Act 2009 and that it was in the best interests of the employees and employers involved. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Integrated People Pty. Ltd./CFMEU Regional NSW Building and Construction Collective Agreement 2015-2017. The decision confirmed the agreement's compliance with the statutory requirements and the principles of good faith bargaining. The Commission found the agreement to be fair, reasonable, and balanced, and in the best interests of the employees and employers involved.

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