DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10098)

DANIDALE PTY LTD T/AS BERNIE CORNFOOT & SONS EARTHMOVING AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Danidale Pty Ltd T/As Bernie Cornfoot & Sons Earthmoving and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Danidale Pty Ltd T/As Bernie Cornfoot & Sons Earthmoving and the CFMEU Civil 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 12 December 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Danidale Pty Ltd T/As Bernie Cornfoot & Sons Earthmoving and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the terms and conditions of employment set forth in the enterprise agreement. The FWC was tasked with assessing whether the agreement complied with the relevant industrial laws and whether it was fair and reasonable.

The primary legal issues involved determining whether the agreement was made in good faith and without coercion, and whether it met the criteria for approval under the Fair Work Act 2009. The FWC had to consider the bargaining positions of the parties, the extent of the bargaining process, and whether the agreement provided for fair and reasonable terms and conditions. The Commission also needed to ensure that the agreement did not undermine the right to freedom of association.

The FWC found that the agreement was made in good faith and without coercion, and that it met the criteria for approval. The Commission noted that both parties had engaged in a genuine bargaining process, and that the terms of the agreement were fair and reasonable. The FWC emphasised the importance of maintaining a balanced approach to the bargaining process and the need to ensure that the agreement did not undermine the right to freedom of association. After careful consideration, the FWC approved the enterprise agreement, confirming its compliance with the relevant industrial laws.

The FWC's final order was to approve the Danidale Pty Ltd T/As Bernie Cornfoot & Sons Earthmoving and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. This decision provided clarity and certainty for both parties, allowing them to proceed with the agreed terms and conditions of employment. The approval of the enterprise agreement was a significant outcome, reflecting the FWC's commitment to facilitating fair and reasonable industrial relations practices.

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