Construction, Forestry, Mining and Energy Union

[2014] FWCA 5467

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8536)

AUSTIN WATERPROOFING 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 Austin Waterproofing 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 Austin Waterproofing 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

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Austin Waterproofing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with examining the agreement's provisions, ensuring it complied with the legislative framework and did not include terms that were contrary to public policy or unjust.

The central legal issues before the Commission were whether the agreement contained any terms that were contrary to public policy or unjust, and if it provided adequate protections for employees' rights and entitlements. The Commission also needed to assess if the agreement had been genuinely negotiated and if it met the requirements for approval as set out in the Fair Work Act. This included verifying if the agreement included minimum wages and conditions, and if it allowed for a proper process for dispute resolution.

After a thorough review of the agreement, the Fair Work Commission determined that the Austin Waterproofing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was fair and did not contain any terms that were contrary to public policy or unjust. The Commission found that the agreement provided adequate protections for employees and had been genuinely negotiated between the parties. It also met the requirements for approval under the Fair Work Act, including the provision of minimum wages and conditions, and an effective dispute resolution process. Therefore, the Commission approved the agreement, allowing it to come into effect as per the terms specified.

The Fair Work Commission's final orders were that the Austin Waterproofing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved and registered, effective from the date of the decision. This approval ensured that the agreement would govern the employment conditions for the employees covered by the agreement, providing them with a clear understanding of their rights and obligations within the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established