DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union T/A CFMEU
(AG2016/593)

BUILT PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2016

Application for approval of the Built Pty Limited / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Built Pty Limited / CFMEU Collective Agreement 2015 - 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 T/A CFMEU. 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 30 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE418326 PR578259

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union, trading as CFMEU, applied for approval of the Built Pty Limited/CFMEU Collective Agreement 2015-2017. This application was heard by the Fair Work Commission, which is responsible for ensuring that the application is in line with the Fair Work Act 2009. The parties involved in the dispute were Built Pty Limited, an employer, and the CFMEU, a union representing the employees. The primary nature of the dispute was about the terms and conditions of employment as outlined in the collective agreement between the employer and the union.

The legal issues the court had to address revolved around whether the collective agreement met the requirements set forth in the Fair Work Act. Specifically, the court needed to determine if the agreement was fairly and genuinely negotiated, if it contained the necessary minimum terms, and if it was likely to lead to better workplace outcomes. The court also had to consider whether the agreement was in line with the public interest and whether it adhered to the standards set for workplace relations. The court's decision would hinge on these legal criteria and the specifics of the collective agreement.

The Fair Work Commission examined the application in detail, considering the negotiation process, the contents of the collective agreement, and its implications for the workplace. The court found that the agreement was fairly and genuinely negotiated and contained all the required minimum terms. It also determined that the agreement was likely to improve workplace outcomes and was in line with the public interest. The commission noted that the agreement met the standards for workplace relations and did not contravene any provisions of the Fair Work Act. Consequently, the court approved the Built Pty Limited/CFMEU Collective Agreement 2015-2017. The final orders included the formal approval of the agreement, which would now govern the employment terms and conditions between Built Pty Limited and the CFMEU for the specified period.

Construction, Forestry, Mining and Energy Union T/A CFMEU

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established