Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5179

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8472)

DOMAIN CONCRETE PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 1 AUGUST 2014

Application for approval of the Domain Concrete 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 Domain Concrete 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 8 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 before the Fair Work Commission was an application for approval of the Domain Concrete Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose from the disagreement between the employer and the union regarding the terms and conditions of employment for workers within the building and construction industry. The employer sought to have the agreement approved, while the union argued for certain amendments to be incorporated.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved determining whether the agreement complied with the procedural fairness and substantive fairness provisions set out in the Act, and whether it addressed the interests of employees and employers in a fair and reasonable manner.

In examining the agreement, the Commission assessed the evidence presented by both parties, including the processes followed in reaching the agreement and the content of the agreement itself. The Commission noted the lack of a formal ballot process for employee approval, which raised concerns regarding procedural fairness. However, the Commission concluded that the overall fairness of the agreement, including its provisions on wages, hours of work, and other employment conditions, satisfied the requirements for approval. The Commission approved the enterprise agreement, highlighting the need for adherence to procedural fairness in future negotiations.

The Fair Work Commission approved the Domain Concrete Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, subject to the condition that the employer must ensure a formal ballot process is followed for any future agreements to address the procedural fairness concerns. The Commission's decision balanced the interests of both employers and employees, recognising the importance of fair and reasonable employment conditions while also emphasising the need for proper procedural fairness in the agreement approval process.

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