Construction, Forestry, Mining and Energy Union

[2014] FWCA 7362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9380)

EGAN FAMILY TRUST (THE TRUSTEE FOR) T/AS DESIGN STAINLESS INDUSTRIES 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 Egan Family Trust (The Trustee for) T/As Design Stainless Industries 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 Egan Family Trust (The Trustee for) T/As Design Stainless Industries 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 Egan Family Trust (the Trustee for) trading as Design Stainless Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made to the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement met the requirements of the Act and whether it complied with the provisions concerning the terms and conditions of employment. Specifically, the Commission had to consider if the agreement was fairly negotiated and if it met the "better off overall test" to ensure it was in the best interests of the employees.

The Fair Work Commission found that the agreement was fairly negotiated and met the statutory requirements under the Fair Work Act. The Commission assessed the agreement against the "better off overall test" and determined that it was in the best interests of the employees. The agreement provided for fair wages and conditions, and the Commission was satisfied that it would not have an adverse effect on the employees. The Commission also considered the impact of the agreement on the industry and the broader economy, concluding that it would not lead to significant negative consequences.

Based on the above, the Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The approval was granted on the condition that the agreement would be in effect for the duration of 2011 to 2015. The Commission also noted that the agreement would be subject to ongoing review and that any disputes arising from the agreement would be dealt with in accordance with the Fair Work Act. This decision provides certainty to both the parties involved and the broader industry, ensuring that the agreement is implemented and adhered to in the spirit of fair and reasonable employment practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established