Construction, Forestry, Mining and Energy Union

[2014] FWCA 5472

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8559)

CK INSTALLATIONS 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 CK Installations 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 CK Installations 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 case before the Full Bench of the Fair Work Commission involved an application for the approval of the CK Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, CK Installations Pty Ltd, sought the approval of this enterprise agreement which would apply to its employees, while the Construction, Forestry, Mining and Energy Union (CFMEU) represented the employees in the negotiation and approval process. The dispute centred on the terms and conditions set forth in the proposed agreement, particularly those relating to pay rates, conditions, and dispute resolution mechanisms.

The primary legal issues before the court were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and on a proper basis. This involved assessing if the agreement met the criteria for "better off overall" and "no disadvantage" tests, ensuring that the employees were not worse off and that there was genuine negotiation between the parties. Additionally, the court examined whether the agreement contained mandatory terms and if it adhered to the provisions of the Fair Work Act regarding procedural fairness.

In delivering the decision, the Full Bench of the Fair Work Commission meticulously reviewed the evidence and submissions presented by both parties. The Commission found that the agreement did meet the "better off overall" test, as the employees would receive improvements in their pay and conditions. Furthermore, the Commission determined that the agreement was made in good faith and on a proper basis, with evidence of genuine negotiation and consultation. The Commission was satisfied that the mandatory terms were appropriately included and that the agreement adhered to the procedural fairness requirements of the Fair Work Act.

The final orders of the Full Bench were to approve the CK Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The Commission's approval was contingent upon the parties adhering to the terms and conditions set out in the agreement, ensuring compliance with all relevant industrial relations legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established