Construction, Forestry, Mining and Energy Union

[2014] FWCA 5746

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8661)

CRAIG HEATH CONCRETING 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 Craig Heath Concreting 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 Craig Heath Concreting 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Craig Heath Concreting and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 before the Fair Work Commission. The dispute involved the terms and conditions of employment for employees in the concreting industry, and the Commission was tasked with ensuring the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the proposed agreement complied with the Fair Work Act and was in the best interests of the employees. This included examining whether the agreement contained mandatory terms, if it was fair and reasonable, and if it adhered to the requirements for good faith bargaining. The court had to ensure that the agreement did not disadvantage the employees and provided a fair and reasonable basis for resolving employment conditions.

In assessing the agreement, the Fair Work Commission found that the proposed terms and conditions were fair and reasonable, and that the mandatory terms were appropriate. The Commission concluded that the agreement was in the best interests of the employees and met the statutory requirements for approval. Consequently, the Fair Work Commission granted approval for the agreement.

The Fair Work Commission's decision was that the Craig Heath Concreting and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and should be registered. This ruling provided clarity and legal certainty regarding the employment conditions for employees in the concreting industry, ensuring that the agreement was fair and balanced for 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