Construction, Forestry, Mining and Energy Union

[2014] FWCA 5064

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6873)

EXPRESS CONTRACTORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 JULY 2014

Application for approval of the Express Contractors 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 Express Contractors 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, 187 and 188 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 5 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 court involved an application for approval of the Express Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Express Contractors, sought approval of the agreement under section 186 of the Fair Work Act 2009, arguing that the agreement met the criteria for registration as a registered agreement. The respondent, the CFMEU, did not oppose the application but made submissions on the interpretation of certain provisions of the agreement.

The primary legal issue the court had to address was whether the agreement met the statutory requirements for approval as a registered agreement under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it contained certain prescribed pay and conditions. The court also had to consider whether the agreement complied with the provisions of the Act concerning the protection of employees’ rights and interests.

The court found that the agreement did meet the criteria for approval as a registered agreement. The court concluded that the agreement was made in good faith and contained the necessary prescribed pay and conditions. The court also found that the agreement complied with the provisions of the Act concerning the protection of employees’ rights and interests. The court accepted the submissions of the respondent regarding the interpretation of certain provisions of the agreement and made orders to give effect to those interpretations.

The court approved the agreement as a registered agreement under section 186 of the Fair Work Act 2009, subject to the interpretations made by the court. The court made orders to register the agreement and directed the parties to take certain steps to give effect to the agreement. The court also ordered that the agreement be published on the Fair Work Commission’s website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established