Construction, Forestry, Mining and Energy Union

[2014] FWCA 5067

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6877)

ALL ROUND BUILDING SOLUTIONS 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 All Round Building Solutions 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 All Round Building Solutions 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

In the matter of an application for approval of the All Round Building Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. The applicant, All Round Building Solutions Pty Ltd, sought to have the enterprise agreement approved, while the CFMEU, representing the employees, did not oppose the application but raised concerns about certain provisions within the agreement.

The primary legal issues before the Commission involved the assessment of the agreement's compliance with the statutory requirements outlined in the Fair Work Act, particularly focusing on whether the agreement facilitated the improvement of workplace relations and if it included provisions that were in the best interests of the employees. The Commission also needed to consider whether any provisions were inconsistent with the public interest or whether they unfairly disadvantaged employees.

The Fair Work Commission determined that the enterprise agreement largely complied with the legislative requirements. The Commission acknowledged the applicant's efforts to improve workplace relations and noted that the majority of the agreement's provisions were in the best interests of the employees. However, the Commission made several modifications to specific clauses to ensure they aligned with the public interest and to address the concerns raised by the CFMEU. These modifications included adjustments to provisions related to penalty rates and other employment conditions to ensure fairness and to prevent any undue disadvantage to the employees.

Following the modifications, the Commission approved the All Round Building Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 with the specified changes. The approval was granted on the condition that the modified agreement be implemented as per the new terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established