FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4618)

CSK CONSTRUCTION SOLUTIONS PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the CSK CONSTRUCTION SOLUTIONS PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015

[1] An application has been made for approval of an enterprise agreement known as the CSK CONSTRUCTION SOLUTIONS PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 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. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 August 2015 and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the CSK Construction Solutions Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The union contended that the agreement, which was negotiated between itself and the company, met the requirements of the Fair Work Act 2009 for enterprise agreements. The company, on the other hand, contested the union’s application on the basis that the agreement did not meet the legal requirements for approval.

The central legal issue before the commission was whether the agreement was a lawful enterprise agreement under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement had been fairly and genuinely negotiated, and whether it contained the necessary minimum terms and conditions of employment. Additionally, the commission had to consider whether the union had a sufficient level of support from the relevant employees to warrant the approval of the agreement.

The commission found that the agreement had been fairly and genuinely negotiated, and that it contained all the necessary minimum terms and conditions of employment. The commission also determined that the union had a sufficient level of support from the relevant employees to warrant the approval of the agreement. Therefore, the commission approved the agreement, and it became a legally binding enterprise agreement between the company and the union. The commission’s decision was based on its assessment of the evidence presented by both parties, and its interpretation of the relevant provisions of the Fair Work Act 2009.

As a result of the commission’s approval, the agreement became a legally binding enterprise agreement between the company and the union. The agreement sets out the terms and conditions of employment for the relevant employees, including their wages, hours of work, and other employment-related matters. The agreement also contains provisions relating to dispute resolution, and the rights and obligations of the parties. The union and the company are bound by the terms of the agreement, and are required to comply with its provisions.

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