Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9990)

ALWAYS HIGH RISE PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Always High Rise 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 Always High Rise 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 5 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 applicant, Always High Rise Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, which is tasked with the approval of such agreements. The CFMEU contested the application on the basis that the agreement did not meet the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained the essential terms as required by the Act. Specifically, the CFMEU argued that the agreement was invalid due to procedural irregularities in its formation and that it failed to include essential terms regarding the classification of employees.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Act, despite the procedural irregularities raised by the CFMEU. It held that the irregularities did not render the agreement invalid as the parties had substantially complied with the Act’s requirements. Furthermore, the Commission determined that the agreement contained the essential terms as required by the Act, including provisions for employee classification. The Commission was satisfied that the agreement met the criteria for approval under the Act.

The Commission approved the enterprise agreement. It found that the agreement was valid and met all necessary requirements for approval under the Fair Work Act. The CFMEU's objections were dismissed, and the agreement was approved as presented.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established