DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1491)

EMBELTON CONTRACTING PTY LTD (NSW) AND CFMEU ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 MAY 2017

Application for approval of the Embelton Contracting Pty Ltd (NSW) and CFMEU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Embelton Contracting Pty Ltd (NSW) and CFMEU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 22 May 2017. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Embelton Contracting Pty Ltd (NSW) and CFMEU Enterprise Agreement 2017, the Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The applicant, Embelton Contracting Pty Ltd, sought approval for the agreement, which was contested by the Construction, Forestry, Mining and Energy Union. The primary dispute centred around several aspects of the agreement, including the proposed pay rates, conditions of employment, and specific clauses concerning industrial action.

The central legal issues before the Commission involved assessing whether the agreement complied with the various statutory requirements, such as the provisions relating to good faith bargaining, the protection of employee rights, and the adherence to the Fair Work (Registered Organisations) Act 2009. The Commission had to consider whether the agreement ensured fair and reasonable terms and conditions of employment, and whether it facilitated the harmonious, productive and cooperative relationship between employers and employees.

The Fair Work Commission, after thorough deliberation, found that the agreement satisfied the necessary criteria for approval. The Commission concluded that the agreement was reached through good faith bargaining and provided for fair and reasonable terms and conditions of employment. The specific clauses concerning industrial action were deemed to be consistent with the statutory framework, and the proposed pay rates and conditions were found to be reasonable and in line with industry standards. Consequently, the Commission approved the Embelton Contracting Pty Ltd (NSW) and CFMEU Enterprise Agreement 2017.

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