DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8182)

SER COMMERCIAL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 DECEMBER 2014

Application for approval of the SER Commercial Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe SER Commercial Pty Ltd / 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] 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 Construction, Forestry, Mining and Energy Union filed an application seeking approval of a collective agreement with SER Commercial Pty Ltd. The agreement in question covered the period from 2014 to 2017. The Fair Work Commission, as the relevant authority, was tasked with determining whether the agreement complied with the relevant legislative provisions.

The central legal issue revolved around whether the collective agreement adhered to the requirements of the Fair Work Act 2009. Specifically, the court had to assess if the agreement was made in good faith and if it contained terms that were not contrary to public policy or protected by other laws. Additionally, the court examined if the agreement provided adequate protections for employees, including provisions for dispute resolution and the right to organise.

The Fair Work Commission found that the collective agreement was made in good faith and did not contravene any statutory provisions. The agreement included provisions that aligned with the objectives of the Fair Work Act, such as provisions for fair treatment of employees and mechanisms for resolving disputes. The court concluded that the agreement provided sufficient protections for employees and was in compliance with the law. Consequently, the Commission approved the agreement, affirming its validity and enforceability.

The Fair Work Commission's final order was the approval of the SER Commercial Pty Ltd / CFMEU Collective Agreement 2014-2017, recognising it as a lawful and binding agreement between the parties. This decision underscored the importance of ensuring that collective agreements are made in good faith and provide adequate protections for employees while remaining compliant with the legislative framework.

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