Construction, Forestry, Mining and Energy Union

[2014] FWCA 4517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6626)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JULY 2014

Application for approval of the Streamline Fixers 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 Streamline Fixers 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Streamline Fixers Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the terms and conditions of employment under the proposed enterprise agreement, specifically those relating to the classification of workers and the rates of pay. The Commission was tasked with determining whether the agreement complied with the relevant legislative framework, including the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement appropriately classified workers, ensuring that their entitlements were fair and reasonable. Additionally, the Commission had to assess if the agreement adhered to the requirements for certification as a single interest employer agreement and if it provided for the appropriate minimum terms and conditions as mandated by the Fair Work Act.

The Commission meticulously examined the classifications and pay rates proposed in the agreement, considering industry standards and the principle of maintaining fairness in employment terms. It found that the agreement generally adhered to the legislative framework and provided for fair and reasonable terms. The Commission noted that while there were some minor discrepancies in classification, these did not significantly impact the overall fairness of the agreement. The Commission concluded that the proposed agreement met the necessary criteria for approval and granted its approval for the enterprise agreement.

The final order of the Commission was the approval of the Streamline Fixers Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was deemed to comply with the Fair Work Act and was certified as a single interest employer agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established