DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/1994)

PROOF TECH SOLUTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 MARCH 2015

Application for the approval of the Proof Tech Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Proof Tech Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the court was presented with an application for the approval of the Proof Tech Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement, which was to be applied across various construction sites, adhered to the requisite standards and procedures under the Fair Work Act 2009. The Fair Work Commission, specifically a panel comprising of two members, was tasked with determining the validity of the application.

The primary legal issues before the court involved assessing whether the application for approval of the enterprise agreement was made in accordance with the legislative requirements and whether the agreement itself met the necessary criteria for approval. This included scrutinising whether the agreement had been fairly negotiated, whether it contained the appropriate provisions for employee protections and benefits, and whether it complied with the procedural fairness as stipulated by the Fair Work Act. Additionally, the court needed to consider if there were any procedural irregularities or errors in the application process.

Upon examining the evidence and submissions presented by both parties, the Fair Work Commission found that the application for approval of the enterprise agreement was valid and met all the necessary legislative requirements. The agreement was deemed to have been fairly negotiated and contained all the requisite provisions for employee protections and benefits. The commission also determined that there were no procedural errors or irregularities in the application process. Consequently, the application for approval of the Proof Tech Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved.

The Fair Work Commission’s decision to approve the application and the enterprise agreement was based on the comprehensive evidence and arguments presented, which demonstrated compliance with the statutory requirements and procedural fairness. This ruling ensures that the agreement will be implemented, providing a clear framework for the terms and conditions of employment within the specified industry.

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