DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2250)

XTREME CONCRETE WORKS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 MARCH 2015

Application for approval of the Xtreme Concrete Works 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 Xtreme Concrete Works 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 the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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, will operate from 7 April 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between Xtreme Concrete Works Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the proposed agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which has jurisdiction to approve or reject enterprise agreements that are considered to be in the public interest.

The central legal issues that the Commission had to resolve were whether the proposed agreement was a "bargaining agreement" as defined in the Fair Work Act and whether it complied with the procedural and substantive requirements set out in the Act. Specifically, the Commission needed to determine if the agreement was genuinely bargained between the parties, if it met the public benefit test, and if it adhered to the relevant provisions concerning employee entitlements and protections.

In examining these issues, the Fair Work Commission found that the agreement was genuinely negotiated between the parties and that it met the requirements for a bargaining agreement. The Commission also determined that the agreement passed the public benefit test, as it provided for a fair and reasonable outcome for both employers and employees. Furthermore, the agreement was found to be compliant with all relevant provisions of the Fair Work Act, including those concerning employee entitlements and protections. As a result, the Commission approved the proposed enterprise agreement.

Consequently, the Fair Work Commission approved the Xtreme Concrete Works Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding that it met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established