DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Frankipile Australia Pty Ltd
(AG2015/3781)

FRANKIPILE AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 27 JULY 2015

Application for approval of the Frankipile Australia Pty Ltd / CFMEU Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Frankipile Australia Pty Ltd / CFMEU Collective Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frankipile Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Frankipile Australia Pty Ltd / CFMEU Collective Agreement 2015 - 2018. The applicant, Frankipile Australia Pty Ltd, sought approval of the agreement from the Fair Work Commission. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), was the union party to the agreement. The matter was heard by the Full Bench of the Fair Work Commission. The primary issue before the court was whether the collective agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made fairly and in good faith, and if it contained the required minimum terms and conditions of employment.

The court considered the evidence and submissions provided by both parties. The applicant argued that the agreement was made fairly and in good faith, and that it contained the required minimum terms and conditions of employment. The respondent argued that the agreement did not meet the required standards and that it should not be approved. The court examined the process by which the agreement was made, the content of the agreement, and the evidence of the parties. The court also considered the relevant provisions of the Fair Work Act 2009 and relevant case law.

After considering the evidence and submissions, the court found that the agreement was made fairly and in good faith, and that it contained the required minimum terms and conditions of employment. The court found that the process by which the agreement was made was appropriate and that the content of the agreement was reasonable. The court was satisfied that the agreement met the required standards and that it should be approved. The application for approval of the Frankipile Australia Pty Ltd / CFMEU Collective Agreement 2015 - 2018 was therefore granted. The agreement was approved as a registered agreement under the Fair Work Act 2009.

Frankipile Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established