DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6832)

SLH INDUSTRIES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the SLH Industries Pty Ltd / CFMEU Collective Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the SLH Industries Pty Ltd / CFMEU Collective Agreement 2016 - 2018 (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 16 November 2016. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and SLH Industries Pty Ltd, concerning the approval of their Collective Agreement for the period 2016 to 2018. The application for approval was brought before the court to ensure compliance with the necessary legal frameworks governing industrial relations and employment agreements.

The primary legal issues before the court were whether the Collective Agreement between SLH Industries Pty Ltd and the CFMEU met all the requirements set out by relevant industrial laws and regulations, and whether it was fair and reasonable in its terms. The court had to assess whether the agreement was consistent with applicable industrial legislation, and if it provided adequate protections and benefits for employees as required by law.

The court examined the terms of the Collective Agreement, considering the fairness and reasonableness of the provisions. It reviewed the agreement to ensure it complied with the Fair Work Act and other relevant industrial instruments. The court found that the agreement met all statutory requirements and was fair and reasonable. It concluded that the agreement provided appropriate protections and benefits to employees, and was in line with the principles of industrial justice.

The court approved the SLH Industries Pty Ltd / CFMEU Collective Agreement 2016-2018, confirming its compliance with relevant laws and its fairness. The approval enabled the agreement to be enforced as a binding contract between the parties, ensuring that the terms would be upheld and enforced in accordance with the industrial relations framework.

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