DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2015/623)

ALPENE GROUP OF COMPANIES/CFMEU COLLECTIVE AGREEMENT 2015-2018

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

Application for approval of the Alpene Group of Companies/CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Alpene Group of Companies/CFMEU Collective Agreement 2015-2018 (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 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Alpene Group of Companies for the approval of the 2015-2018 Collective Agreement between the Alpene Group of Companies and the Construction, Forestry, Mining and Energy Union – Construction and General Division. The case was heard by the Fair Work Commission (FWC). The dispute centred around the terms and conditions of employment within the agreement, specifically focusing on whether the provisions met the requirements for approval under Australian labour law.

The central legal issues the FWC had to resolve were whether the agreement was genuinely a product of bargaining between the parties and whether the terms of the agreement were fair and reasonable. The FWC considered whether the agreement provided for a fair and efficient workplace and whether it complied with statutory minimum entitlements. Additionally, the FWC examined the process by which the agreement was negotiated and whether it was conducted in good faith.

In its decision, the FWC found that the agreement was genuinely the product of bargaining between the parties, and the process was conducted in good faith. The FWC considered the terms of the agreement to be fair and reasonable, providing for efficient workplaces and ensuring compliance with statutory minimum entitlements. The FWC also noted that the agreement addressed various employment conditions, including wages, working hours, and other benefits. As a result, the FWC approved the 2015-2018 Collective Agreement between the Alpene Group of Companies and the Construction, Forestry, Mining and Energy Union – Construction and General Division.

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