Construction, Forestry, Mining and Energy Union

[2014] FWCA 8222

[2014] FWCA 8222

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8059)

HUTCHINSON BUILDERS GPF CONDABRI AND REEDY CREEK CORE WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 NOVEMBER 2014

Application for approval of the Hutchinson Builders GPF Condabri and Reedy Creek Core Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 November 2014 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the Hutchinson Builders GPF Condabri and Reedy Creek Core Works Agreement(“the Agreement”).

[2] I consider that sub clause 24(b) of the Agreement (“employment security and engagement of sub-contractors and labour hire”) may raise enforceability questions. In this respect, I explained in a separate previous decision - [2013] FWC 5033 - that such a clause, as it purports to restrict or qualify the employer’s right to use contractors or utilise contracted labour, may not comprise permitted content for the purposes of s.172 of the Act.

[3] As the Agreement does not include a consultation clause that complies with s.205 of the Act, pursuant to s.205(2) of the Act the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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