Built NSW Pty Ltd

[2013] FWCA 10013

FAIR WORK COMMISSION

DECISION

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

Built NSW Pty Ltd
(AG2013/10269)

BUILT NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2011 -2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 DECEMBER 2013

Application for approval of the Built NSW Pty Ltd / CFMEU Collective Agreement 2011 - 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Built NSW Pty Ltd / CFMEU Collective Agreement 2011 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Built NSW 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 NSW Construction and General Branch (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 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved a dispute between Built NSW Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) over the approval of a collective agreement for the period 2011 to 2014. The court was tasked with determining whether the agreement, which outlined the terms and conditions of employment for workers in the construction industry, met the necessary legal criteria for approval. The application for approval was brought by Built NSW Pty Ltd, while the CFMEU contested certain aspects of the agreement.

The central legal issues before the court were whether the proposed collective agreement complied with the requirements set out in the relevant industrial legislation and whether it was in the best interests of the workers it was intended to cover. The court needed to examine the fairness, reasonableness, and appropriateness of the terms and conditions set out in the agreement, as well as the process by which it was negotiated and agreed upon. Additionally, the court had to consider whether the agreement provided adequate protections and benefits for the workers and whether it conformed to the broader principles of the industrial relations system.

In delivering its decision, the court thoroughly examined the contents of the collective agreement and the evidence presented by both parties. The court found that the agreement was largely fair, reasonable, and in the best interests of the workers it was intended to cover. The court noted that the agreement provided appropriate protections and benefits for the workers, and that it conformed to the broader principles of the industrial relations system. However, the court also identified certain aspects of the agreement that required modification to ensure full compliance with the relevant legislation. After making the necessary amendments, the court approved the collective agreement, subject to the conditions imposed by the court. This decision ensures that the terms and conditions of employment for workers in the construction industry are regulated in a manner that is fair, reasonable, and in line with the broader principles of the industrial relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established