Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7218

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9326)

BETTER WATERPROOFING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 14 OCTOBER 2014

Application for approval of the Better Waterproofing 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 Better Waterproofing 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 21 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 case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to secure approval for the Better Waterproofing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission of Australia. The CFMEU sought approval for the agreement to ensure it met the requirements of the Fair Work Act 2009. The central legal issues before the Commission revolved around whether the agreement complied with the provisions of the Act, specifically sections concerning the fairness of its terms and the process by which it was negotiated.

The Commission examined the negotiation process, the content of the agreement, and its compliance with the statutory requirements for fairness. It was crucial to determine whether the agreement had been negotiated in good faith and whether it contained terms that were fair and reasonable. The Commission also needed to consider whether the agreement adequately protected the interests of employees and whether it met the standards set out in the Act for enterprise agreements. The key legal principles applied were those of fairness, good faith, and the statutory criteria for approval under the Fair Work Act.

After a thorough review, the Commission found that the agreement met the necessary criteria for approval. The negotiation process was deemed to have been conducted in good faith, and the terms of the agreement were considered fair and reasonable. The Commission determined that the agreement adequately protected the interests of the employees and complied with the statutory requirements for enterprise agreements. Consequently, the Commission approved the Better Waterproofing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This decision was based on the evidence provided and the application of the relevant legal standards.

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