DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8347)

OZ EIRE CONSTRUCTIONS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Oz Eire Constructions Pty Limited / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Oz Eire Constructions Pty Limited / 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 by Oz Eire Constructions Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of their collective agreement, which covered the period from 2014 to 2017. The primary dispute centred around the terms and conditions set forth in the agreement, including wages, working hours, and other employment-related provisions. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the commission had to address included whether the terms and conditions proposed in the collective agreement complied with the relevant statutory requirements and whether they were consistent with the Fair Work Act 2009. The commission had to ensure that the agreement did not undermine the safety and health protections mandated by law and that it adhered to the principles of good faith bargaining and fairness. Furthermore, the commission assessed whether the agreement provided adequate safeguards for employees and did not impose undue hardships on the employer.

In rendering its decision, the commission thoroughly examined the provisions of the agreement against the statutory framework and previous jurisprudence. It found that the collective agreement, while not perfect, substantially complied with the requirements of the Fair Work Act. The commission was satisfied that the agreement provided a fair and balanced outcome for both parties, taking into account the need for flexibility in the construction industry while ensuring adequate protections for employees. Based on this analysis, the commission approved the collective agreement, subject to certain minor amendments to ensure full compliance with the law.

The final orders of the commission included the approval of the collective agreement with the specified amendments. These amendments were designed to address minor deficiencies identified during the review process, ensuring that the agreement fully met the statutory requirements and protected the interests of both employers and employees. The decision underscored the commission's commitment to facilitating fair and effective collective bargaining in the workplace.

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