Construction, Forestry, Mining and Energy Union

[2014] FWCA 6240

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8883)

SRCC TRUST (THE TRUSTEE FOR) T/AS SHANE RICHMOND COOLROOM CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 SEPTEMBER 2014

Application for approval of the SRCC Trust (The Trustee for) T/As Shane Richmond Coolroom Constructions 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 SRCC Trust (The Trustee for) T/As Shane Richmond Coolroom Constructions 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 16 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 an enterprise agreement between the Shane Richmond Coolroom Constructions Pty Ltd, represented by the SRCC Trust, and the Construction, Forestry, Mining and Energy Union (CFMEU). The enterprise agreement in question was the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009, particularly regarding the bargaining process and the fairness of the terms to all parties involved.

The court was required to determine whether the agreement was genuinely negotiated and whether it contained the mandatory terms as stipulated by the Fair Work Act. Additionally, the court needed to assess if the agreement was procedurally sound, ensuring that it was free from any coercion or undue influence during its negotiation. Another key issue was whether the agreement's terms were fair and reasonable, taking into account the interests of both employers and employees.

The Fair Work Commission, in its decision, found that the agreement was indeed genuinely negotiated and contained the necessary mandatory terms. The Commission concluded that there was no evidence of coercion or undue influence in the negotiation process. Furthermore, the Commission determined that the terms of the agreement were fair and reasonable, balancing the interests of both the employer and the employees. Consequently, the court approved the enterprise agreement, recognising its compliance with the statutory requirements and its fairness to all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established