Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8735)

SOLID REO 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 Solid Reo 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 Solid Reo 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 approval of the Solid Reo Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission, which included Commissioner Cowlrick, Deputy President Bates and Senior Member Smerdon. The application was opposed by Solid Reo Pty Ltd, who argued that the agreement unfairly disadvantaged their employees and the company by mandating union membership as a condition of employment.

The legal issues before the commission were whether the agreement unfairly disadvantaged employees by requiring them to join the union as a condition of employment, and if the agreement was otherwise in the best interests of the employees. The CFMEU argued that the agreement was necessary to ensure fair wages and working conditions for its members, and that the requirement for union membership was a reasonable condition to achieve this goal. Solid Reo Pty Ltd contended that the agreement was not in the best interests of their employees, and that the requirement for union membership was an undue burden on them.

The commission found that the agreement did not unfairly disadvantage employees, and that the requirement for union membership was a reasonable condition to ensure fair wages and working conditions. The commission also found that the agreement was in the best interests of the employees, and approved the application. The commission noted that the agreement provided for a fair and equitable resolution of disputes between the union and the company, and that the requirement for union membership was necessary to achieve this goal. The commission also found that the agreement provided for a fair and reasonable process for employees to opt-out of union membership, and that this process was sufficient to protect the rights of employees who did not wish to join the union.

The Fair Work Commission approved the application for approval of the agreement. The commission found that the agreement was in the best interests of the employees, and that the requirement for union membership was a reasonable condition to ensure fair wages and working conditions. The commission also found that the agreement provided for a fair and equitable resolution of disputes between the union and the company, and that the requirement for union membership was necessary to achieve this goal. The commission also found that the agreement provided for a fair and reasonable process for employees to opt-out of union membership, and that this process was sufficient to protect the rights of employees who did not wish to join the union.

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