DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6801)

CAPS CONSTRUCTION GROUP PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2016-2017

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

Application for approval of the Caps Construction Group Pty Ltd/ CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Caps Construction Group 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 16 November 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) sought approval of a collective agreement with Caps Construction Group Pty Ltd. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while Caps Construction Group did not formally contest the approval but raised concerns about certain provisions.

The legal issues before the FWC included whether the agreement met the requirements for being fair and reasonable, including whether it was genuinely agreed upon, provided for genuine bargaining, and contained appropriate dispute resolution mechanisms. The FWC also needed to consider if the agreement included provisions that were inconsistent with the Fair Work Act or that may have broader implications on the industrial relations landscape.

In reaching its decision, the FWC carefully reviewed the provisions of the agreement and the submissions from both parties. The Commission found that the agreement was genuinely negotiated and contained appropriate dispute resolution processes. While some provisions were contentious, the FWC concluded that they were fair and reasonable in the context of the industry and the specific circumstances of the parties. The FWC approved the agreement, noting that while some provisions may require close monitoring, they did not find them to be fundamentally unfair or unreasonable.

The FWC's final orders were to approve the Caps Construction Group Pty Ltd/ CFMEU Collective Agreement 2016-2017, subject to specific conditions and ongoing review to ensure compliance with the Fair Work Act. The decision underscored the importance of genuine negotiation and fair and reasonable terms in collective agreements.

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