Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6521)

ADESSO CONSTRUCTION GROUP PTY LTD AND THE CFMEU CIVIL 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 Adesso Construction Group Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Adesso Construction Group Pty Ltd and the CFMEU Civil 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 matter under consideration involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Adesso Construction Group Pty Ltd. The crux of the dispute was the application for approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission, an Australian federal independent statutory tribunal with jurisdiction to resolve workplace disputes.

The primary legal issues the court had to address were whether the agreement was a genuinely bargained one, if it adhered to the relevant provisions of the Fair Work Act 2009, and if it was in the best interests of the employees. Specifically, the court needed to determine whether the agreement was appropriately negotiated, if it included provisions that were fair and reasonable, and if it met the criteria for approval under the Act.

The Fair Work Commission found that the agreement had been genuinely negotiated between the parties, was fair and reasonable, and met the criteria for approval. The tribunal acknowledged the bargaining process, the content of the agreement, and its alignment with the statutory requirements. The court was satisfied that the agreement was in the best interests of the employees, given the comprehensive negotiation process and the fairness of the terms. Consequently, the application for approval was granted.

As a result of the court's decision, the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 was approved and is now in effect. The tribunal's ruling ensures that the agreement will govern the terms and conditions of employment for the relevant employees until it is superseded by a new agreement or expires.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established