DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8278)

FOXVILLE PROJECTS GROUP (NSW) PTY LTD / CFMEU REGIONAL COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 18 DECEMBER 2014

Application for approval of the Foxville Projects Group (NSW) Pty Ltd / CFMEU Regional Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Foxville Projects Group (NSW) Pty Ltd / CFMEU Regional 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 matter before the Full Bench of the Fair Work Commission was an application by Foxville Projects Group (NSW) Pty Ltd for approval of a proposed regional collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEUA). The dispute centred around the proposed terms and conditions of employment within the agreement and whether they complied with relevant industrial laws. The Commission was tasked with determining if the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically sections that require agreements to provide for matters such as minimum wages and conditions, and to be free from prohibited content. The CFMEUA argued that certain provisions of the agreement, particularly those relating to wage rates and the use of subcontractors, were inconsistent with the legislative framework and unfair. Conversely, Foxville Projects Group (NSW) Pty Ltd contended that the agreement was fair and met all legal requirements for approval.

In its decision, the Full Bench of the Fair Work Commission examined the terms of the proposed agreement in detail. The Commission found that certain provisions of the agreement did indeed contravene the Fair Work Act. Specifically, the Commission ruled that clauses regarding the use of subcontractors and the setting of wage rates were not consistent with the legislative framework. As a result, the Commission refused to approve the agreement in its current form, highlighting the need for amendments to ensure compliance with the law.

Consequently, the Commission made orders directing Foxville Projects Group (NSW) Pty Ltd to revise the proposed agreement to address the identified issues. The company was required to resubmit the amended agreement for approval within a specified timeframe. The decision underscores the importance of ensuring that collective agreements are compliant with industrial laws and the Commission's role in overseeing this process.

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