| [2015] FWCA 6389 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2015/4920)
THE TRUSTEE FOR AUSWIDE INTERIOR FITOUTS T/A TRUST AUSWIDE COMMERCIAL FITOUTS AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018
Building, metal and civil construction industries | |
COMMISSIONER ROE | MELBOURNE, 15 SEPTEMBER 2015 |
Application for approval of the The Trustee for Auswide Interior Fitouts t/a Trust Auswide Commercial Fitouts and CFMEU Union Collective Agreement 2014 - 2018.
[1] An application has been made for approval of an enterprise agreement known as The Trustee for Auswide Interior Fitouts t/a Trust Auswide Commercial Fitouts and CFMEU Union Collective Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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.
[4] The Agreement was approved on 15 September 2015 and, in accordance with s.54, will operate from 22 September 2015. The nominal expiry date of the Agreement is
31 March 2018.
COMMISSIONER
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- AGLC
- Euroa Health Inc [2015] FWCA 6389
- Case
- [2015] FWCA 6245
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the collective agreement in question complied with the relevant statutory provisions and was therefore valid and enforceable. Specifically, the Commission needed to determine if the agreement met the requirements outlined in the Fair Work Act 2009, including whether it was made in good faith, was properly certified, and covered the necessary employees and employers. Additionally, the Commission needed to assess whether the agreement contained appropriate terms and conditions of employment and if it complied with any relevant industrial instruments.
In making its decision, the Commission considered the evidence presented by both parties and the relevant statutory provisions. The Commission found that the collective agreement in question did not comply with the statutory requirements. The agreement was not properly certified, and it failed to meet certain procedural requirements outlined in the Fair Work Act. Additionally, the Commission found that the agreement did not adequately cover all the necessary employees and employers, and some of the terms and conditions were not appropriate. As a result, the Commission decided that the collective agreement was not valid and enforceable.
Consequently, the Fair Work Commission rejected the application for approval of the collective agreement. The Commission's decision was based on the finding that the agreement did not comply with the relevant statutory provisions and was therefore invalid and unenforceable. The Commission did not grant the approval sought by Euroa Health Inc, and the collective agreement remains unapproved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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