Construction, Forestry, Mining and Energy Union

[2014] FWCA 5736

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8564)

CLINTON FAMILY DISCRETIONARY TRUST (TRUSTEE FOR) T/AS METRO SAWING AND DRILLING AND THE CFMEU CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 AUGUST 2014

Application for approval of the Clinton Family Discretionary Trust (Trustee for) T/As Metro Sawing and Drilling and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Clinton Family Discretionary Trust (Trustee for) T/As Metro Sawing and Drilling and the CFMEU Concrete Sawing and Drilling 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 29 August 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 matter before the Fair Work Commission involved an application for approval of the Metro Sawing and Drilling Enterprise Agreement, which was proposed between the Construction, Forestry, Mining and Energy Union (CFMEU) and the Clinton Family Discretionary Trust acting as trustee for Metro Sawing and Drilling. The agreement pertained to the terms and conditions of employment for employees within the concrete sawing and drilling industry for the period 2011-2015. The case was heard by the Fair Work Commission, which has jurisdiction over such industrial relations matters.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant statutory requirements and whether it met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and without coercion, whether it provided for minimum terms and conditions of employment, and if it facilitated a fair and efficient workplace. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both employers and employees.

In reaching its decision, the Fair Work Commission examined the process through which the agreement was negotiated, the contents of the agreement itself, and the evidence presented regarding its fairness and efficacy. The Commission found that the agreement was the result of genuine negotiations conducted in good faith and without coercion. It further determined that the agreement set out clear and comprehensive terms and conditions that were fair and efficient. The Commission concluded that the agreement provided for minimum standards that were not less favourable than the applicable awards and that it appropriately balanced the interests of both parties. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Metro Sawing and Drilling Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act 2009. This decision effectively formalised the terms and conditions set out in the agreement, providing legal certainty for both the employers and employees within the specified industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established