Construction, Forestry, Mining and Energy Union

[2014] FWCA 7916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9742)

BETON PUMPING GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 NOVEMBER 2014

Application for approval of the Beton Pumping Group 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 Beton Pumping Group 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 17 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, acting on behalf of several employees in the concrete pumping industry, applied for approval of the Beton Pumping Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Beton Pumping Group Pty Ltd contested the application, arguing that the enterprise agreement contained terms that were not in the best interests of the employees or the industry. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The court had to determine whether the enterprise agreement was in the best interests of the employees and the industry, and whether it complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement covered all employees in the concrete pumping industry, whether it provided for fair and reasonable terms and conditions, and whether it facilitated productivity and flexibility in the industry.

After considering the evidence and arguments presented by both parties, the Fair Work Commission found that the proposed enterprise agreement was in the best interests of the employees and the industry. The commission held that the agreement provided for fair and reasonable terms and conditions, and facilitated productivity and flexibility in the industry. The commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it cover all employees in the concrete pumping industry. The commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission's decision was based on its assessment of the evidence and arguments presented by both parties. The commission found that the proposed enterprise agreement provided for fair and reasonable terms and conditions, and facilitated productivity and flexibility in the industry. The commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it cover all employees in the concrete pumping industry. The commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established