Construction, Forestry, Mining and Energy Union

[2014] FWCA 6958

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9195)

CRAIG MACKLE LANDSCAPES PTY LTD T/AS MACKLE LANDSCAPES AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 3 OCTOBER 2014

Application for approval of the Craig Mackle Landscapes Pty Ltd T/As Mackle Landscapes and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Craig Mackle Landscapes Pty Ltd T/As Mackle Landscapes and the CFMEU Civil 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 10 October 2014. The nominal expiry date of the Agreement is 31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Craig Mackle Landscapes Pty Ltd, trading as Mackle Landscapes. The dispute was regarding the approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. This matter was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal.

The central legal issue before the Commission was whether the agreement in question was in the best interests of the employees covered by it. The Commission needed to assess if the agreement met the requirements of the Fair Work Act 2009, particularly focusing on whether it facilitated, promoted, or improved the economic, productivity, and social wellbeing of the employees, and whether it ensured fair terms and conditions of employment. Additionally, the Commission had to determine whether the agreement contained any terms that were not in the best interests of the employees or were contrary to public policy.

The Commission conducted a detailed examination of the agreement, considering various factors such as the economic benefits, the productivity outcomes, and the overall wellbeing of the employees. The Commission found that the agreement was generally in the best interests of the employees, promoting their economic, productivity, and social interests. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or not in the best interests of the employees. Consequently, the Commission approved the agreement, ensuring its compliance with the legislative requirements.

The Fair Work Commission approved the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, finding it to be in the best interests of the employees and compliant with the Fair Work Act 2009. The Commission's decision was based on a thorough analysis of the agreement's terms and their impact on the employees' economic, productivity, and social wellbeing. This ruling ensures that the agreement can now be implemented, providing a framework for the employment conditions within the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established