Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6536

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8941)

SHANGRI LA CONSTRUCTION AUSTRALIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Shangri La Construction Australia 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 Shangri La Construction Australia 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 25 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 before the Fair Work Commission involved an application for the approval of the Shangri La Construction Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard by the Commission and focused on whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009 to be approved. The legal issues at the centre of the dispute were whether the agreement was free from prohibited content, whether it was properly certified, and if it met the "better off overall test" as required by the legislation. The Commission examined the agreement's provisions, the certification process, and the overall impact on employees' conditions of employment.

The Fair Work Commission carefully reviewed the content of the agreement, ensuring that it did not include any provisions that were contrary to the public interest or in breach of any existing legislative requirements. It was established that the agreement was certified by an independent certifier, complying with the statutory framework. The Commission also assessed whether the agreement provided employees with conditions that were no worse than and, in some respects, better than the applicable award or safety net. This included a detailed examination of wage rates, leave entitlements, and other employment conditions stipulated in the agreement. Based on its analysis, the Commission found that the agreement met the statutory requirements and was beneficial to the employees.

Following its comprehensive review, the Fair Work Commission approved the enterprise agreement. It was determined that the agreement contained no prohibited content, was properly certified, and satisfied the "better off overall test". The decision recognised the negotiated benefits and protections provided to employees by the agreement, which were deemed to be advantageous compared to the minimum standards set by the applicable award. The Commission's approval was based on a thorough assessment of the agreement's compliance with the Fair Work Act 2009. The final orders confirmed the approval of the enterprise agreement, allowing it to take effect and govern the employment conditions of the relevant employees.

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