Construction, Forestry, Mining and Energy Union

[2014] FWCA 4507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6520)

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

Cement and concrete products
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JULY 2014

Application for approval of the Mirrafloor 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 Mirrafloor 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 15 July 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 parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Mirrafloor Pty Ltd. The dispute centred around the approval of the Mirrafloor Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission, the tribunal responsible for this matter, was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues that the tribunal had to resolve were whether the enterprise agreement was a genuine bargain between the parties, whether it contained the minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement was procedurally sound. Additionally, the tribunal had to consider whether the agreement was in the best interests of the employees covered by it.

In reaching its decision, the tribunal examined the evidence presented by both parties and considered the legal principles relevant to the approval of enterprise agreements. It found that the agreement was a genuine bargain between the parties, as it had been negotiated in good faith and covered all employees within the scope of the agreement. Furthermore, the tribunal determined that the agreement contained the minimum terms and conditions required by the Fair Work Act and was procedurally sound. The tribunal also concluded that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms and conditions of employment. Based on these findings, the tribunal approved the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established