DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10113)

COLDMASTER INDUSTRIES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Coldmaster Industries 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 Coldmaster Industries 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 12 December 2014. 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 matter involved an application for the approval of the Coldmaster Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The union and the employer sought to have the agreement, which detailed terms and conditions of employment, formally recognised and enforceable.

The primary legal issues that the Commission had to address were whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act and whether it had been genuinely negotiated between the parties. This involved examining the process by which the agreement was made, whether it contained the mandated minimum terms and conditions, and whether the agreement was free from any illegality or coercion. The Commission also had to determine if the agreement was in the best interests of the employees it covered.

In reaching its decision, the Commission considered the evidence provided by both the union and the employer. It examined the negotiation process and found that it was conducted in good faith and that the agreement had been genuinely negotiated between the parties. The Commission also reviewed the content of the agreement and found that it complied with the statutory minimum terms and conditions and did not contain any illegal provisions. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission granted the application for approval of the enterprise agreement. The agreement was thus recognised as a legally binding document governing the employment terms and conditions between Coldmaster Industries Pty Ltd and the employees covered by the agreement. This decision provided certainty and protection for both the employer and the employees, ensuring that the agreement would be upheld in accordance with the provisions of the Fair Work Act.

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