DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7237)

RICHARD CROOKES CONSTRUCTION PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT (ACT) 2016-2019

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for the Approval of the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement (ACT) 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement (ACT) 2016-2019 (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 12 December 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of an enterprise agreement with Richard Crookes Construction Pty Ltd. The enterprise agreement, dated 2016-2019, was intended to regulate the employment terms and conditions of employees working in the construction industry in the Australian Capital Territory. The application came before the Fair Work Commission, which was tasked with determining whether the agreement met the legal criteria for approval.

The primary legal issue before the commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it contained the mandatory terms specified in the Act, and whether it was free from any prohibited content. The commission also needed to determine if the agreement met the procedural requirements, such as the provision of relevant information to employees and any relevant organisations.

The Fair Work Commission found that the enterprise agreement met all the necessary legal criteria. The agreement was made in good faith, contained all the mandatory terms, and did not include any prohibited content. The commission was satisfied that the agreement had been developed through proper consultation processes, and that all relevant information had been provided to employees and other relevant organisations. As a result, the commission approved the enterprise agreement.

The Fair Work Commission approved the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement (ACT) 2016-2019, confirming its compliance with the Fair Work Act 2009. This decision allows the enterprise agreement to regulate the employment terms and conditions of employees working in the construction industry in the Australian Capital Territory for the specified period.

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