Construction, Forestry, Mining and Energy Union

[2014] FWCA 5914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8729)

DK WELDING FAMILY TRUST T/AS DK WELDING SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 AUGUST 2014

Application for approval of the DK Welding Family Trust T/As DK Welding Services 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 DK Welding Family Trust T/As DK Welding Services 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 4 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the DK Welding Family Trust T/As DK Welding Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under section 235 of the Fair Work Act 2009. The application was contested by the Building and Construction Industry Security of Payment Act 2002 (NSW). The matter was heard by the Full Bench of the Fair Work Commission.

The primary issue before the court was whether the enterprise agreement could be approved in accordance with the Fair Work Act. The CFMEU argued that the agreement was fair and balanced and had been negotiated in good faith. The Building and Construction Industry Security of Payment Act 2002 (NSW) contended that the agreement did not comply with certain provisions of the Act and that it would have an adverse effect on the security of payment provisions.

The Full Bench found that the enterprise agreement was fair and balanced and had been negotiated in good faith. The court held that the agreement did not contain any provisions that would have an adverse effect on the security of payment provisions. The Full Bench approved the enterprise agreement in accordance with section 235 of the Fair Work Act.

The Full Bench approved the DK Welding Family Trust T/As DK Welding Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court held that the agreement was fair and balanced and had been negotiated in good faith. The agreement did not contain any provisions that would have an adverse effect on the security of payment provisions. The Full Bench considered that the agreement was in the best interests of the employees and the employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established