Construction, Forestry, Mining and Energy Union

[2014] FWCA 6765

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9118)

DECKLAND (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015.

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 26 SEPTEMBER 2014

Application for approval of the Deckland (Vic) 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 Deckland (Vic) 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 3 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 (CFMU) applied to the Fair Work Commission (FWC) for approval of the Deckland (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. Deckland opposed the application. The matter was heard in the FWC. The central issue was whether the agreement complied with the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). Specifically, the FWC had to determine whether the agreement met the requirements for good faith bargaining and if it contained terms that were contrary to public policy.

The FWC examined the evidence and submissions from both parties. It found that the agreement was the product of good faith bargaining, as both parties had engaged in meaningful discussions and negotiations. The FWC also considered the content of the agreement and determined that it did not contain any terms that were contrary to public policy. The FWC noted that the agreement provided for reasonable working conditions and protections for employees, and that it did not undermine the broader objectives of the Fair Work Act.

Based on its findings, the FWC approved the agreement. The FWC found that the agreement was fair and reasonable and that it met the requirements of the Fair Work Act. Deckland's opposition to the application was dismissed. The FWC's decision was based on a careful consideration of the evidence and the relevant legal principles. The FWC emphasised the importance of good faith bargaining and the need for enterprise agreements to be fair and reasonable.

The FWC's final order was that the Deckland (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved. The agreement was to be registered with the Fair Work Ombudsman and would have legal effect from the date of registration. The decision provides guidance on the requirements for enterprise agreements and the role of the FWC in approving such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established