Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5748

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8665)

GEOSHIFT 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, 22 AUGUST 2014

Application for approval of the Geoshift 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 Geoshift 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 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

In the matter of the Construction, Forestry, Mining and Energy Union, an application was made to the Fair Work Commission to approve the Geoshift Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issues before the Commission were whether the agreement contained proper provisions for the protection of employees' rights and entitlements, and whether it complied with the statutory requirements for enterprise agreements. Specifically, the Commission had to assess if the agreement adhered to the 'better off overall test', ensuring that no employee would be worse off, and that there were sufficient protections for employees’ working conditions and pay.

The Fair Work Commission found that the agreement provided adequate safeguards for employees and met the statutory requirements. The Commission emphasised that the agreement was comprehensive in addressing various aspects of employment conditions, including wages, hours of work, and other terms and conditions. It concluded that the agreement was fair and balanced, providing benefits that outweighed any potential detriments to the employees. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the necessary legal standards.

The Commission's final order was the approval of the Geoshift Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with the conditions that it would apply from the date of the decision. This decision set a precedent for similar agreements within the building and construction industry, ensuring that such agreements are scrutinised to protect employee rights and interests.

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