Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5747

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8664)

IMP CONSTRUCTIONS TRUST (THE TRUSTEE FOR) T/AS IMP CONSTRUCTIONS 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 IMP Constructions Trust (The Trustee for) T/As IMP Constructions 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 IMP Constructions Trust (The Trustee for) T/As IMP Constructions 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

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and IMP Constructions Trust, the trustee for IMP Constructions Pty Ltd, in relation to the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The crux of the dispute was whether the Fair Work Commission (FWC) had the authority to approve the enterprise agreement under the Fair Work Act 2009, considering the specific circumstances and provisions of the agreement.

The legal issues before the court included whether the FWC had correctly interpreted and applied the Fair Work Act in approving the agreement, particularly in relation to the requirement for separate and independent consideration of certain provisions. The court needed to determine if the FWC had followed the proper procedure and whether its decision was legally sound. Additionally, the court had to assess whether the FWC's approval was justified and whether there were any errors in law that warranted overturning the approval.

The court examined the FWC's reasoning and decision-making process, focusing on whether the Commission had adequately considered the requirements for separate and independent consideration as outlined in the Fair Work Act. The court found that the FWC had indeed followed the correct legal principles and procedures in its approval of the agreement. It was held that the FWC's decision was not flawed and that the approval was legally valid. The court dismissed the application, affirming the FWC's authority and decision.

In conclusion, the court upheld the FWC's approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding no errors in the Commission's process or decision. The application by IMP Constructions Trust was dismissed with no orders for costs.

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