Construction, Forestry, Mining and Energy Union

[2014] FWCA 5069

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6928)

SPATARO FAMILY TRUST (THE TRUSTEE FOR) T/AS DOMINANT DEVELOPMENTS 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 Spataro Family Trust (The Trustee for) T/As Dominant Developments 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 Spataro Family Trust (The Trustee for) T/As Dominant Developments 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 case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Spataro Family Trust, trading as Dominant Developments Pty Ltd. The dispute centred on the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission, the Australian workplace relations tribunal.

The primary legal issue for the court was whether the enterprise agreement, as proposed by the CFMEU, complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions, was free from prohibited content, and was made in good faith. The court also needed to consider whether the agreement would have an adverse effect on the business of Dominant Developments.

The court found that the proposed enterprise agreement largely complied with the statutory requirements. It provided for minimum terms and conditions, did not contain prohibited content, and was made in good faith. The court further found that the agreement would not have an adverse effect on the business of Dominant Developments. Consequently, the court approved the enterprise agreement as proposed by the CFMEU. The decision was made on the basis that the agreement would benefit the employees by providing fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established