DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7578)

T BUILT INSTALL PTY LIMITED / CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 JANUARY 2017

Application for approval of the T Built Install Pty Limited / CFMEU Greenfields Agreement 2016 - 2017.

[1] An application has been made for approval of a greenfields agreement known as the T Built Install Pty Limited / CFMEU Greenfields Agreement 2016 - 2017 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the T Built Install Pty Limited / CFMEU Greenfields Agreement 2016 - 2017. The matter was heard in the Fair Work Commission. The primary dispute was over whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement contained provisions that were contrary to public policy, whether the agreement adequately protected employees, and whether it complied with the procedural requirements set forth in the Act. Specifically, the court examined whether the agreement's provisions on enterprise flexibility clauses, which allowed for changes to work arrangements, were consistent with public policy and whether the agreement's terms for employee protection were adequate.

The Fair Work Commission found that the agreement did not contain any provisions contrary to public policy and adequately protected employees. The court noted that the agreement included necessary safeguards and provisions that aligned with the objectives of the Act. Additionally, the Commission determined that the agreement complied with the procedural requirements, including proper consultation and negotiation processes. The decision was made in favour of the applicant, approving the agreement for its intended period.

As a result, the Fair Work Commission approved the T Built Install Pty Limited / CFMEU Greenfields Agreement 2016 - 2017, confirming its compliance with the statutory requirements under the Fair Work Act 2009.

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