DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/410)

NOFIRE PTY LTD T/A FYREGUARD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 FEBRUARY 2017

Application for approval of the Nofire Pty Ltd T/A Fyreguard and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nofire Pty Ltd T/A Fyreguard 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.

[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 27 February 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

The parties involved in the matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and Nofire Pty Ltd trading as Fyreguard. The dispute arose from an application for the approval of a collective agreement between the CFMEU and Nofire Pty Ltd, which was to cover the period from 2015 to 2019. The Fair Work Commission (FWC) was the court tasked with deciding on the matter.

The legal issues that the FWC was required to address included whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, the FWC needed to determine whether the agreement was in the interests of the employees and whether it complied with the principles of good faith bargaining and the process outlined in the Act. Additionally, the FWC had to consider whether the agreement met the criteria for approval as set out in the Fair Work (Registered Organisations) Act 2009 (Cth).

The FWC considered the arguments presented by both parties and examined the terms of the proposed agreement. The FWC found that the agreement complied with the requirements of the Fair Work Act and was in the interests of the employees. The FWC also found that the agreement met the criteria for approval under the Fair Work (Registered Organisations) Act. The FWC approved the application for the collective agreement, noting that it contained provisions that were fair and reasonable for the employees and did not contravene any relevant legislation.

The FWC's decision resulted in the approval of the collective agreement between the CFMEU and Nofire Pty Ltd, which was to cover the period from 2015 to 2019. The FWC's approval was based on its finding that the agreement met the legal criteria for approval and was in the interests of the employees. The decision provided certainty and stability for both parties and helped to ensure that the agreement was fair and reasonable for the employees covered by the agreement.

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