Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9482)

KINNANE 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, 20 OCTOBER 2014

Application for approval of the Kinnane 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 Kinnane 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 27 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Kinnane Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made to the Fair Work Commission (FWC). The company, a medium-sized building contractor, and the union, representing the employees in the building and construction industry, entered into the agreement which detailed terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The application was made under the Fair Work Act 2009, which mandates that certain agreements must be registered and approved by the FWC to ensure they meet minimum standards and do not undermine the safety net provided by the safety net of the national workplace relations system.

The legal issues before the FWC included whether the agreement met the requirements for registration and approval under the Fair Work Act 2009. This involved determining if the agreement had been genuinely negotiated and if it provided for the fair and reasonable terms and conditions of employment. The FWC also considered whether the agreement was consistent with the national workplace relations system, including compliance with the safety net provisions, and whether it contained appropriate dispute resolution mechanisms. The FWC needed to ensure that the agreement did not unfairly disadvantage any party and that it facilitated a fair and efficient workplace relations environment.

The FWC found that the agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. The FWC determined that the agreement provided for appropriate mechanisms for resolving disputes and that it did not undermine the safety net of the national workplace relations system. The FWC concluded that the agreement met all the necessary criteria for approval and registered the agreement. This decision was based on the evidence provided by both the union and the company, which demonstrated that the agreement had been negotiated in good faith and reflected the needs and interests of both parties.

The final orders of the FWC were to approve and register the Kinnane Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was to be effective from the date of the decision and remained in force until it was superseded by a new agreement or terminated in accordance with its provisions. This decision provided clarity and certainty for both the company and the union, allowing them to operate under a registered and approved enterprise agreement.

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