Construction, Forestry, Mining and Energy Union

[2014] FWCA 6670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9020)

MELBOURNE CONCRETE RECTIFICATION TRUST (ATF) T/AS MELBOURNE CONCRETE RECTIFICATION 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 Melbourne Concrete Rectification Trust (ATF) T/As Melbourne Concrete Rectification 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 Melbourne Concrete Rectification Trust (ATF) T/As Melbourne Concrete Rectification 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

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Melbourne Concrete Rectification Trust (ATF) T/As Melbourne Concrete Rectification Pty Ltd, which sought approval of their Enterprise Agreement. The application was heard by the Fair Work Commission. The primary dispute was over whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions and if it was free from any improper influence or interference.

The court needed to consider several legal issues, including whether the agreement complied with the procedural requirements outlined in the Fair Work Act, such as the provision of required information and the opportunity for consultation. Additionally, the court assessed whether the agreement contained provisions that were unfair or unreasonable, such as those that might unduly limit the rights of employees or employers. The court also examined if there was any evidence of improper influence or coercion in the negotiation process, which could render the agreement invalid.

In its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The court concluded that the agreement was fair and reasonable, as it provided adequate protections for employees and employers alike. Furthermore, there was no evidence of improper influence or coercion in the negotiation process. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, which were consistent with industry standards. Based on these findings, the court approved the Enterprise Agreement, confirming its validity and enforceability.

The final orders of the court included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which was to be registered with the Fair Work Commission. The agreement was to take effect from the date of the decision, and both parties were directed to comply with its terms. The court's decision provided clarity and certainty regarding the terms and conditions of employment for the workers covered by the agreement, resolving the dispute in favour of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established