DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/322)

CRAIG’S ENGINEERING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the Craig’s Engineering Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Craig’s Engineering Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 24 February 2017 and, in accordance with s.54, will operate from 3 March 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Craig’s Engineering Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) have applied to the Fair Work Commission for approval of a collective agreement that will govern the terms and conditions of employment for workers at Craig’s Engineering Pty Ltd. The dispute centres on the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Fair Work Commission is tasked with assessing whether the collective agreement meets the legislative standards for approval.

The legal issues before the Commission involved scrutinising whether the collective agreement was made in good faith, whether it included the necessary minimum terms, and whether it complied with the procedural requirements of the Fair Work Act. Additionally, the Commission examined whether the agreement was in the best interests of the employees and if it allowed for fair and reasonable terms of employment.

In reaching its decision, the Commission considered the submissions and evidence presented by both Craig’s Engineering Pty Ltd and the CFMEU. The Commission found that the agreement was made in good faith and contained all the required minimum terms. It also determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the collective agreement, recognising its compliance with the Fair Work Act and its alignment with the interests of the workforce.

The Fair Work Commission approved the collective agreement, effective from 1 July 2015 to 30 June 2019, subject to the terms and conditions specified in the decision.

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