Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9022)

HAMILTON FAMILY TRUST (THE TRUSTEE FOR) T/AS SWIFT STRUCTURES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Hamilton Family Trust (The Trustee for) T/As Swift Structures 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 Hamilton Family Trust (The Trustee for) T/As Swift Structures 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 30 September 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, Hamilton Family Trust (the trustee for) Swift Structures Pty Ltd, applied for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The respondent, the Construction, Forestry, Mining and Energy Union, opposed the application on the grounds that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement contained all the required terms and conditions, whether it complied with the good faith bargaining requirement, and whether it was in the best interests of the employees. The Commission found that the agreement contained all the required terms and conditions and that it complied with the good faith bargaining requirement. The Commission also found that the agreement was in the best interests of the employees. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included the removal of certain provisions that were found to be inconsistent with the Act. The applicant and the respondent were directed to bring the agreement into effect, subject to the modifications.

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