Construction, Forestry, Mining and Energy Union

[2014] FWCA 7513

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9479)

A1 PRECISION SOLUTIONS 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 A1 Precision Solutions 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 A1 Precision Solutions 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

The matter before the Fair Work Commission involved an application for the approval of the A1 Precision Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The parties involved were A1 Precision Solutions Pty Ltd, an employer in the building and construction industry, and the Construction, Forestry, Mining and Energy Union, representing the employees. The union sought to have the enterprise agreement, which detailed terms and conditions of employment, formally approved by the Commission.

The legal issues that the Fair Work Commission was required to address included whether the agreement was made in good faith and whether it contained the necessary "protected action provisions" as required by the Fair Work Act. Furthermore, the Commission had to ensure that the agreement complied with the "better off overall test", meaning that it needed to demonstrate that employees were not worse off financially and that it included appropriate mechanisms for dispute resolution. The union argued that the agreement was fair and just, while the employer contended that certain provisions were not in line with legal requirements.

In its decision, the Fair Work Commission examined the evidence and arguments presented by both parties. The Commission found that the agreement was made in good faith and included the requisite protected action provisions. It also determined that the agreement satisfied the better off overall test, as employees were not worse off and the dispute resolution mechanisms were appropriate. The Commission noted that while some provisions could be improved, they did not detract from the overall fairness of the agreement. Consequently, the Fair Work Commission approved the enterprise agreement, confirming its compliance with the necessary statutory requirements.

The final orders of the Fair Work Commission were that the A1 Precision Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act 2009. This decision meant that the terms and conditions outlined in the agreement would be legally binding on both the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established