DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10099)

HAZEL ROCK PTY LTD AND THE CFMEU BUILDING AND 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 Hazel Rock 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 Hazel Rock 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 12 December 2014. 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 case before the Full Bench of the Fair Work Commission involved an application for the approval of the Hazel Rock Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred on the procedural fairness of the process through which the agreement was made and whether the agreement itself met the necessary legal standards under the Fair Work Act 2009. The Fair Work Commission, with its broad jurisdiction over workplace relations, was tasked with examining these issues.

The court was required to decide whether the process through which the agreement was negotiated and finalised was fair and whether the agreement contained terms that were compliant with the relevant legislation. Specifically, the court had to consider if the union had adequately represented its members during the negotiation process and if the agreement included terms that were not unduly discriminatory or prejudicial to any party. Additionally, the court needed to ensure that the agreement was made without coercion and that it provided for the proper protection of employee interests.

In rendering its decision, the Full Bench of the Fair Work Commission found that while there were procedural shortcomings in the negotiation process, these did not significantly detract from the overall fairness of the agreement. The court held that the agreement met the necessary standards under the Fair Work Act, as it did not contain any unduly harsh, prejudicial, or discriminatory terms. The Commission concluded that the procedural issues, while noteworthy, did not undermine the validity of the agreement. Consequently, the court approved the enterprise agreement, emphasising the importance of ensuring fair and transparent processes in future negotiations.

The Full Bench ordered that the Hazel Rock Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 be approved. The court also directed the parties to address the identified procedural issues to ensure compliance with the principles of procedural fairness in any future agreements.

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