Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7697

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9688)

CORNERSTONE COMMERCIAL MAINTENANCE AUSTRALIA P/L AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 OCTOBER 2014

Application for approval of the Cornerstone Commercial Maintenance Australia P/L 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 Cornerstone Commercial Maintenance Australia P/L 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 6 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 case before the court involved an application for approval of the Cornerstone Commercial Maintenance Australia P/L and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement under the Fair Work Act 2009. The dispute arose from disagreements over the terms and conditions of employment for workers in the building and construction industry.

The legal issues central to the case were whether the agreement was in the public interest and whether it met the requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, and whether it was appropriate for the industry in question. The CFMEU argued that the agreement was fair and in the public interest, while opponents contended that certain provisions were unfair and detrimental to the industry.

The court considered the overall fairness and reasonableness of the agreement, taking into account the views of both parties and any relevant industry standards. The court examined the specific provisions of the agreement and assessed their implications for the industry and the employees. Ultimately, the court found that the agreement was fair and in the public interest, and approved it accordingly. The court held that the agreement provided for fair and reasonable terms and conditions, and was appropriate for the industry.

The final orders of the court approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, confirming its validity and enforceability under the Fair Work Act. This decision resolved the dispute and provided clarity for the industry and the employees involved.

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