DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7107)

ELLSWORTH PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the Ellsworth Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Ellsworth Pty Ltd / CFMEU Collective Agreement 2016-2017 (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 7 December 2016. 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 Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for approval of the Ellsworth Pty Ltd / CFMEU Collective Agreement 2016-2017 with the Fair Work Commission. Ellsworth, an employer in the construction industry, and the CFMEU, a registered trade union, had negotiated a collective agreement for the employees working in the industry. The application was made under the Fair Work Act 2009, which requires that a registered agreement must be approved by the Fair Work Commission before it can have effect.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees. The CFMEU argued that the agreement was fair and reasonable, and that it provided appropriate protections for the employees. Ellsworth, on the other hand, argued that the agreement was not in the best interests of the employees, as it imposed unnecessary restrictions on the employer's ability to manage the business.

The Fair Work Commission found that the agreement was fair and reasonable, and that it met all the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided appropriate protections for the employees, and that it was in their best interests. The Commission also found that the agreement did not impose any unnecessary restrictions on the employer's ability to manage the business, and that it was in the best interests of both parties. The Commission approved the agreement, and it came into effect on 1 July 2016.

The court ordered that the Ellsworth Pty Ltd / CFMEU Collective Agreement 2016-2017 be approved and registered under the Fair Work Act 2009. The agreement was to have effect from 1 July 2016, and was to remain in force until 30 June 2017, unless terminated earlier in accordance with the agreement or the Fair Work Act 2009. The court also ordered that the agreement be published on the Fair Work Commission's website, to ensure transparency and accountability.

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