Construction, Forestry, Mining and Energy Union

[2014] FWCA 7514

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9526)

REDBACK CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015.

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 OCTOBER 2014

Application for approval of the Redback Constructions 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 Redback Constructions 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 30 October 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 matter of the Construction, Forestry, Mining and Energy Union and Redback Constructions Pty Ltd, the Fair Work Commission was tasked with approving the Enterprise Agreement between the parties for the period 2011 to 2015. The union sought approval for the agreement, while the employer contested certain provisions. The Fair Work Commission, as the relevant tribunal, was responsible for determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the Enterprise Agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the employer challenged the fairness of certain provisions related to termination and redundancy. The union, in turn, argued that the provisions were necessary to protect the rights and interests of its members. The commission needed to assess the balance between the rights of employees and employers, as well as whether the agreement promoted workplace harmony and efficiency.

In its decision, the Fair Work Commission found that the Enterprise Agreement did indeed meet the statutory criteria for approval. The commission held that the provisions in question were fair and reasonable, taking into account the overall context of the agreement and the interests of both parties. The commission emphasised that the agreement contained mechanisms to ensure procedural fairness, and that the rights and obligations of both employees and employers were adequately protected. Consequently, the Fair Work Commission approved the Enterprise Agreement for the specified period.

The Fair Work Commission's final orders included the approval of the Redback Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, subject to the conditions and provisions set out in the agreement. The commission's decision highlighted the importance of striking a balance between the rights and interests of employees and employers in enterprise agreements, while also promoting workplace harmony and efficiency.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established