Construction, Forestry, Mining and Energy Union

[2014] FWCA 6674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9030)

FIASCO FORMWORK & CONCRETE 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 Fiasco Formwork & Concrete 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 Fiasco Formwork & Concrete 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Fiasco Formwork & Concrete Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The enterprise agreement was between the employer and the union, and the union sought the Commission’s approval of the agreement, which had been negotiated in good faith. The employer opposed the application, arguing that certain terms of the agreement were not fair and reasonable.

The legal issues for the Commission to determine were whether the enterprise agreement was a genuinely negotiated agreement and whether the agreement was fair and reasonable in all its terms. The Commission had to consider whether the agreement had been negotiated in good faith, whether it was made without coercion, and whether it contained terms that were fair and reasonable.

The Commission found that the enterprise agreement had been genuinely negotiated in good faith and that it did not contain any terms that were unfair or unreasonable. The Commission noted that the agreement had been negotiated over a period of several months, and that both parties had made concessions during the negotiation process. The Commission also found that the agreement contained terms that were fair and reasonable, including provisions relating to wages, hours of work, and other matters. The Commission approved the enterprise agreement, and the union’s application was successful.

The Fair Work Commission approved the Fiasco Formwork & Concrete Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement had been genuinely negotiated in good faith and that it did not contain any terms that were unfair or unreasonable. The employer’s objections were dismissed, and the agreement was approved as a registered enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established