Construction, Forestry, Mining and Energy Union

[2014] FWCA 5469

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8544)

SCAN-RENT 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, 12 AUGUST 2014

Application for approval of the Scan-Rent 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 Scan-Rent 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 19 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 involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Scan-Rent Australia Pty Ltd. The dispute centred on the approval of the Scan-Rent Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission heard the application for approval of the enterprise agreement. The central legal issues before the Commission involved whether the agreement met the statutory criteria for approval and whether it was made in good faith and not contrary to public policy.

The Commission examined the enterprise agreement to determine if it complied with the relevant provisions of the Fair Work Act 2009. The primary focus was on whether the agreement contained the necessary provisions, was free from prohibited content, and was made in good faith. The Commission also considered whether the agreement was contrary to public policy or had been made under duress or coercion. Furthermore, the Commission assessed whether the agreement provided for a fair and efficient workplace, and whether it adequately protected the rights of employees.

After thorough consideration, the Commission found that the agreement met the statutory requirements for approval. The Commission determined that the agreement contained the necessary provisions, did not include any prohibited content, and was made in good faith. The Commission was satisfied that the agreement was not contrary to public policy and had not been made under duress or coercion. The Commission also found that the agreement provided for a fair and efficient workplace, and adequately protected the rights of employees. Consequently, the Commission approved the Scan-Rent Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Commission's decision was that the Scan-Rent Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered. The agreement would now be legally binding on the parties and would govern the employment conditions of the employees covered by the agreement. The decision provided certainty and stability to the employment relationship and ensured that the agreement complied with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established