Construction, Forestry, Mining and Energy Union (New South Wales Branch)

[2016] FWCA 1681

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union (New South Wales

Branch)

(AG2016/503)

SHARVAIN PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT

2016 - 2017

Building, metal and civil construction industries

COMMISSIONER ROE

SYDNEY, 18 MARCH 2016

Application for approval of the Sharvain Pty Limited / CFMEU Collective Agreement 2016 -

2017.

[1] An application has been made for approval of an enterprise agreement known as the

Sharvain Pty. Limited / 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 the 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[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.
[2016] FWCA 1681

[4] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will

operate from 25 March 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 case concerns an application for the approval of the Sharvain Pty. Limited / CFMEU Collective Agreement 2016-2017 under section 185 of the Fair Work Act 2009. The applicant, the Construction, Forestry, Mining and Energy Union (New South Wales Branch), sought approval of the agreement which is intended to cover employees in the building, metal, and civil construction industries. The court was required to determine if the agreement met the statutory requirements for approval, including whether the agreement was fairly chosen and if it complied with the relevant sections of the Fair Work Act.

The court found that the agreement satisfied the conditions set out in sections 186, 187, and 187 of the Act. Although the agreement did not cover all employees of the employer, the court was satisfied that the group of employees was fairly chosen, taking into account the factors stipulated in section 186(3) and (3A). The union, as a bargaining representative for the agreement, had also provided notice under section 183 of the Act that it wanted the agreement to cover its members. Furthermore, the agreement was noted to cover the union, in accordance with section 201(2) of the Act.

The Sharvain Pty. Limited / CFMEU Collective Agreement 2016-2017 was approved by the court on 18 March 2016. The agreement was set to operate from 25 March 2016, with a nominal expiry date of 30 June 2017. The court's approval was granted in accordance with section 54 of the Fair Work Act. This decision confirms the validity of the agreement and ensures that it will be enforceable under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established