DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stephen Little Constructions Pty Ltd
(AG2015/3518)

STEPHEN LITTLE CONSTRUCTION PTY LTD & CFMEU ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	ADELAIDE, 20 AUGUST 2015

Application for approval of the Stephen Little Construction Pty Ltd & CFMEU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stephen Little Construction Pty Ltd & CFMEU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stephen Little Constructions Pty Ltd. 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 27 August 2015. The nominal expiry date of the Agreement is 7 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stephen Little Constructions Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for its employees. The applicant argued that the agreement was fairly negotiated and met the statutory requirements set out in the Fair Work Act 2009. The CFMEU did not oppose the application, but raised concerns about the process and the substance of the agreement. The matter was heard in the Fair Work Commission (FWC).

The primary legal issues before the FWC were whether the enterprise agreement was fairly negotiated and met the criteria for approval under section 232 of the Fair Work Act. The FWC had to assess if the agreement was made in good faith, if it contained the necessary provisions, and if it was free from any prohibited content. Furthermore, the FWC had to determine if the process of negotiation was conducted in a manner that was fair and appropriate.

The FWC found that the enterprise agreement was fairly negotiated and met the requirements of the Fair Work Act. The FWC was satisfied that the negotiation process was conducted in good faith and that the agreement contained all the necessary provisions. The FWC also found that there was no prohibited content in the agreement. The FWC noted that while there were some concerns raised by the CFMEU, these did not affect the overall fairness of the agreement or the process by which it was negotiated.

The FWC approved the Stephen Little Constructions Pty Ltd & CFMEU Enterprise Agreement 2014. The agreement will now be registered with the Fair Work Ombudsman and will be in effect for a period of five years. The FWC emphasised the importance of fair and transparent negotiation processes in the creation of enterprise agreements.

Stephen Little Constructions 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