DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2018)

PIPETECH EXCAVATIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 MARCH 2015

Application for approval of the Pipetech Excavations 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 Pipetech Excavations 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 11 March 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 parties in this case are Pipetech Excavations Pty Ltd, a construction company, and the Construction, Forestry, Mining and Energy Union (CFMEU), a trade union representing construction workers. The dispute arose over the approval of an enterprise agreement between the company and the union, specifically the Pipetech Excavations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission of Australia, which is responsible for resolving workplace disputes and ensuring fair working conditions.

The legal issues before the court involved determining whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary concerns were whether the agreement had been made in accordance with the relevant provisions of the Act, whether it was free from any prohibited content, and if it complied with the good faith bargaining requirements. The court also needed to assess whether the agreement met the "better off overall test" to ensure that employees were not disadvantaged by the terms of the agreement.

The Fair Work Commission examined the process by which the agreement was negotiated, the content of the agreement itself, and its implications for the employees. The court found that the negotiation process was conducted in good faith and that the agreement did not contain any prohibited content. It was also determined that the agreement met the better off overall test, as employees were not worse off under the new terms compared to their previous conditions. Consequently, the Commission approved the enterprise agreement, recognising its fairness and compliance with the statutory requirements.

The Commission's decision was that the Pipetech Excavations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 met all necessary criteria for approval under the Fair Work Act 2009. The agreement was thus certified and would govern the employment conditions of the employees for the specified period. This decision ensures that both the company and the union can operate within a legally compliant framework, providing stability and predictability in their industrial relations.

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