Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8658)

CEILCON AND CFMEU (WA) ENTERPRISE AGREEMENT 2014 (KINGS SQUARE 2 PROJECT)

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2014

Application for approval of the Ceilcon and CFMEU (WA) Enterprise Agreement 2014 (Kings Square 2 Project).

[1] An application has been made for approval of an enterprise agreement known as the Ceilcon and CFMEU (WA) Enterprise Agreement 2014 (Kings Square 2 Project) (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. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union 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 was approved on 13 October 2014 and, in accordance with s.54, will operate from 20 October 2014. The nominal expiry date of the Agreement is 13 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the Ceilcon and CFMEU (WA) Enterprise Agreement 2014, specifically in relation to the Kings Square 2 Project. The dispute arose between the Ceilcon, the employer, and the Construction, Forestry, Mining and Energy Union (CFMEU), representing the employees. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's approval for the enterprise agreement, which aimed to set out the terms and conditions of employment for workers involved in the Kings Square 2 Project.

The primary legal issues before the court centred on whether the enterprise agreement met the statutory requirements for registration and approval under the Fair Work Act. Key among these was whether the agreement was made in good faith and whether it contained the necessary provisions to ensure fair and reasonable terms and conditions of employment. The court had to consider if the agreement adequately addressed the interests of both the employer and employees, including issues such as wages, hours of work, leave entitlements, and dispute resolution mechanisms.

In examining the application, the court reviewed the contents of the enterprise agreement and the process by which it was negotiated and agreed upon. The court assessed whether the agreement was genuinely negotiated and contained minimum terms and conditions as required by law. The court found that the agreement was made in good faith and that it provided fair and reasonable terms and conditions of employment. The court also noted that the agreement addressed all necessary matters and provided adequate mechanisms for dispute resolution. Based on this assessment, the court approved the enterprise agreement.

The final orders of the court were that the Ceilcon and CFMEU (WA) Enterprise Agreement 2014, in relation to the Kings Square 2 Project, be approved and registered under the Fair Work Act 2009. The court's decision was based on its determination that the agreement met all statutory requirements for approval, including genuine negotiation and the provision of fair and reasonable terms and conditions.

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