Construction, Forestry, Mining and Energy Union

[2014] FWCA 8503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9985)

REFRACTORY INSTALLATIONS AUSTRALIA PTY LTD AND THE CFMEU VICTORIAN REFRACTORY (EXCLUDING LATROBE VALLEY) ENTERPRISE AGREEMENT 2013-2017

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

Application for approval of the Refractory Installations Australia Pty Ltd and the CFMEU Victorian Refractory (excluding Latrobe Valley) Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Refractory Installations Australia Pty Ltd and the CFMEU Victorian Refractory (excluding Latrobe Valley) Enterprise Agreement 2013-2017 (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 30 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Refractory Installations Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Victorian Refractory (excluding Latrobe Valley) Enterprise Agreement 2013-2017. The applicant, Refractory Installations Australia Pty Ltd, sought to have the enterprise agreement approved as a modern award, while the Construction, Forestry, Mining and Energy Union contested the application. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it complied with the provisions of the Fair Work Act, and if it satisfied the criteria for a modern award, such as being free from coercion and being in the best interests of the employees. The Commission also needed to consider whether the agreement met the standards outlined in the Fair Work (Registered Organisations) Act 2009, including the requirement for the agreement to provide for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was genuine and met the statutory requirements for approval. It was determined that the agreement was free from coercion, and it provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was in the best interests of the employees and satisfied the criteria for a modern award. The applicant's application for approval of the enterprise agreement was subsequently granted.

The final orders of the Commission were that the Refractory Installations Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Victorian Refractory (excluding Latrobe Valley) Enterprise Agreement 2013-2017 be approved as a modern award, effective from the date of the Commission's decision. The agreement would then operate as a registered agreement and as a modern award, providing the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established