Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8203

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9879)

FASONE GROUP PTY LTD T/AS AUSTRALIAN CONCRETE LOGISTICS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 NOVEMBER 2014

Application for approval of the Fasone Group Pty Ltd T/As Australian Concrete Logistics 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 Fasone Group Pty Ltd T/As Australian Concrete Logistics 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 26 November 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 matter before the Fair Work Commission involved an application for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 by the Fasone Group Pty Ltd trading as Australian Concrete Logistics. The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought the Commission's endorsement of the agreement, which covered various employment conditions for its members in the building and construction industry. The dispute centred on whether the terms of the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to resolve included whether the agreement complied with the requirements of the Fair Work Act, specifically sections 232 and 233. These sections mandate that the agreement must not have the purpose of, or effect of, undermining the operation of the Act, must be in writing, and must not be discriminatory. Additionally, the Commission considered whether the agreement was made in good faith and whether it was necessary to facilitate the efficient operation of the enterprise. The Commission also examined the fairness of the terms and conditions provided in the agreement.

In assessing the agreement, the Commission reviewed the evidence and submissions from both parties, focusing on the provisions of the agreement that related to wages, conditions, and dispute resolution mechanisms. The Commission found that the agreement was made in good faith and was necessary for the efficient operation of the enterprise. It concluded that the agreement did not undermine the operation of the Fair Work Act and did not contain discriminatory provisions. The Commission also determined that the terms and conditions were fair and reasonable. Consequently, the Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Fair Work Commission's final order was the approval of the agreement, which is now a legally binding enterprise agreement between the CFMEU and the Fasone Group Pty Ltd trading as Australian Concrete Logistics. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationships within the specified industry for the duration of the agreement.

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