DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6988)

BARON FORGE CONTRACTORS PTY. LTD. (TILING) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building services
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Baron Forge Contractors Pty. Ltd. (Tiling) and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Baron Forge Contractors Pty. Ltd. (Tiling) 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] The Agreement was approved on 24 November 2016 and, in accordance with s.54, will operate from 1 December 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the Baron Forge Contractors Pty. Ltd. (Tiling) and CFMEU Union Collective Agreement 2015 - 2019. The applicant sought to have the agreement registered and made applicable to the employees covered by it, ensuring that the terms and conditions of employment were legally enforceable.

The central legal issues revolved around the fairness and compliance of the collective agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the statutory requirements for approval, including whether it was made in good faith and without any coercion, and whether it included terms that were procedurally and substantively fair. The Commission also needed to assess whether the agreement complied with the prescribed national minimum terms and conditions.

In its decision, the Fair Work Commission carefully examined the provisions of the agreement against the legislative framework. The Commission found that the agreement was made in good faith and without any element of coercion. It also concluded that the terms of the agreement were procedurally fair, having been negotiated between the parties with a genuine intention to reach an agreement. Moreover, the Commission determined that the substantive terms of the agreement were fair, as they provided for adequate protections and benefits for the employees. Having satisfied all the statutory requirements, the Commission approved the collective agreement and made the necessary orders for its registration.

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