DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/1696)

OMF DEMOLITION PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 JANUARY 2015

Application for approval of the OMF Demolition Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the OMF Demolition Pty Ltd and the CFMEU Demolition 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 (the 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 4 February 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

The case before the court involved an application for approval of the OMF Demolition Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Demolition Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission, which was asked to consider whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central issue was whether the agreement contained all the necessary provisions as stipulated in the Act and was fair and reasonable.

The legal issues before the Commission involved determining whether the agreement was properly certified, if the agreement included all the required minimum terms and conditions, and whether the agreement was fair and reasonable. The Commission needed to consider if the agreement complied with the statutory requirements, including the provisions for employee representation, dispute resolution mechanisms, and the minimum entitlements specified by the Act. Additionally, the Commission assessed the agreement against the fairness test, which requires that the terms and conditions be fair and reasonable in all respects.

After reviewing the application and the agreement, the Commission found that the agreement was properly certified and contained all the required minimum terms and conditions. The Commission determined that the agreement met the statutory requirements and was fair and reasonable. The Commission approved the agreement, noting the importance of the agreement in providing a framework for the employment relationship between OMF Demolition and its employees represented by the CFMEU. The decision was based on the comprehensive nature of the agreement, its compliance with the Fair Work Act, and the fairness of its terms.

The Fair Work Commission approved the OMF Demolition Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015. The decision was made based on the proper certification of the agreement, the inclusion of all necessary minimum terms, and the fairness of the agreement’s terms. The approval ensures that the agreement provides a legally compliant and fair framework for the employment relationship between the parties.

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