DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2015/602)

CROWN PROJECT AUST PTY LTD/CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the Crown Project Aust Pty Ltd/CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Crown Project Aust Pty Ltd/CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union-Construction and General Division, acting on behalf of its members, and Crown Project Aust Pty Ltd. The central dispute concerned the application for approval of a collective agreement between the union and the employer for the period 2015 to 2017. The Fair Work Commission was tasked with determining whether the agreement met the criteria for registration and approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the collective agreement complied with the mandatory requirements of the Fair Work Act, including provisions for dispute resolution and the rights of employees. The Commission had to assess if the agreement provided fair and reasonable terms and conditions for employees, and whether it facilitated an efficient and productive workplace. Additionally, the Commission needed to ensure that the agreement did not discriminate against any group of employees and that it was made without any improper conduct.

The Fair Work Commission found that the collective agreement substantially complied with the requirements of the Act. The agreement included provisions for dispute resolution mechanisms that were deemed fair and effective. The Commission highlighted that the agreement provided for a structured process for resolving disputes between employees and the employer, which was considered to be in line with statutory requirements. Furthermore, the Commission noted that the agreement addressed various employment conditions and did not discriminate against any particular group of employees. The Commission concluded that the agreement met the necessary criteria for approval and was beneficial to both the employees and the employer by fostering a productive working environment.

In conclusion, the Fair Work Commission approved the collective agreement between the Construction, Forestry, Mining and Energy Union-Construction and General Division and Crown Project Aust Pty Ltd for the period 2015 to 2017. The Commission determined that the agreement was compliant with the Fair Work Act and provided fair terms and conditions for the employees, along with effective dispute resolution mechanisms. The Commission's decision was based on the comprehensive review of the agreement and its alignment with statutory requirements.

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