Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9725)

MAJOR FURNACE 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, 10 NOVEMBER 2014

Application for approval of the Major Furnace 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 Major Furnace 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 17 November 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 involved an application for the approval of the Major Furnace Australia Pty Ltd and the CFMEU Victorian Refractory (excluding Latrobe Valley) Enterprise Agreement 2013-2017. The applicant, Major Furnace Australia Pty Ltd, sought the approval of the enterprise agreement which it had negotiated with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms of the proposed enterprise agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the mandatory matters stipulated in the Act and whether the agreement had been made in accordance with the procedural requirements of the Act. Specifically, the Commission had to determine if the agreement provided for minimum wages and conditions, and if the necessary steps had been taken to ensure genuine agreement, such as the provision of full particulars and the opportunity for protected industrial action.

In determining these issues, the Commission examined the evidence provided by both parties and considered the provisions of the agreement. The Commission found that the agreement did indeed provide for the mandatory matters and that the process for reaching the agreement had been conducted in a manner consistent with the procedural requirements of the Act. The Commission noted that the agreement contained provisions for minimum wages and conditions, and that there was evidence of the requisite consultation and negotiation processes having been followed. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Major Furnace Australia Pty Ltd and the CFMEU Victorian Refractory (excluding Latrobe Valley) Enterprise Agreement 2013-2017, finding that it complied with the requirements of the Fair Work Act 2009. The decision underscores the importance of ensuring that enterprise agreements meet both substantive and procedural criteria to be considered valid and enforceable.

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