DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/4065)

SOUTH EAST GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JULY 2015

Application for approval of the South East Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the South East Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of Victoria. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 July 2015 and, in accordance with s.54, will operate from 3 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the South East Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval for the enterprise agreement under the Fair Work Act 2009. The application was opposed by the Master Builders Association of Victoria and several other construction industry employers. The dispute came before the Fair Work Commission.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement contained terms that were unfair and if it had been made in accordance with the Act. The Commission also had to determine whether the agreement was in the interests of employees and employers, and if it complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the proposed enterprise agreement contained terms that were not unfair and had been made in accordance with the Fair Work Act 2009. The Commission considered the agreement to be in the interests of both employees and employers, and it was satisfied that it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. The Commission noted the significant support for the agreement from both the CFMEU and the employers, which indicated that the agreement had been negotiated in good faith. Consequently, the Commission approved the South East Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

Master Builders Association of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established