DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6748)

CHURINGA INVESTMENTS PTY LTD T/A L & D CONTRACTING AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 NOVEMBER 2016

Application for approval of the Churinga Investments Pty Ltd T/A L & D Contracting and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Churinga Investments Pty Ltd T/A L & D Contracting 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] 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 11 November 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was presented with an application for approval of a collective agreement between Churinga Investments Pty Ltd, trading as L & D Contracting, and the Construction, Forestry, Mining and Energy Union for the period 2015 to 2019. The union sought to have the agreement recognised as a lawful and valid workplace agreement, under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement met the necessary criteria for approval under the Act, specifically whether the agreement had been made in good faith and whether it contained appropriate mechanisms for dispute resolution. Additionally, the Commission had to consider whether the agreement complied with the provisions concerning minimum entitlements and whether it adhered to the requirements of good faith bargaining.

The Commission found that the agreement was made in good faith and contained adequate dispute resolution mechanisms. It also determined that the agreement did not undermine the minimum entitlements set out in the Act. The Commission was satisfied that the bargaining process had been conducted appropriately, with both parties engaging in genuine negotiations. As a result, the Commission approved the collective agreement, finding it to be a lawful and valid workplace agreement.

The Commission's decision was based on a detailed examination of the bargaining process, the terms of the agreement, and the compliance with the statutory requirements. The approval of the agreement allows for the implementation of its terms and conditions, providing a framework for the employment relationship between the employer and the union. The final orders included the approval of the Churinga Investments Pty Ltd T/A L & D Contracting and CFMEU Union Collective Agreement 2015 - 2019, effective from the date of the Commission's decision.

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