DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2015/511)

CFMEU ENTERPRISE AGREEMENT EXPIRING 30 SEPTEMBER 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 MARCH 2015

Application for approval of the CFMEU Enterprise Agreement expiring 30 September 2017.

[1] An application has been made for approval of an enterprise agreement known asthe CFMEU Enterprise Agreement expiring 30 September 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union-Construction and General Division applied to the Fair Work Commission for approval of an enterprise agreement expiring on 30 September 2017. The application arose from a dispute over the terms and conditions of employment for employees within the union's jurisdiction. The dispute centred on the procedural fairness of the agreement, including whether the union had properly represented the interests of the employees in negotiating the agreement.

The legal issues before the Fair Work Commission included whether the union had appropriately followed the procedural requirements for bargaining and whether the agreement reflected the genuine interests of the employees. The Commission had to consider whether the union had engaged in good faith bargaining and whether the agreement met the standards of procedural fairness and good faith as required by the Fair Work Act.

The Fair Work Commission found that the union had followed the necessary procedural steps in bargaining for the agreement. The Commission was satisfied that the union had genuinely represented the interests of the employees in the negotiation process. The Commission also determined that the agreement was fair and met the requirements of procedural fairness and good faith. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement, confirming that it met the necessary standards of procedural fairness and good faith. The agreement was thus legally binding on the parties involved.

Construction, Forestry, Mining and Energy Union-Construction and General Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established