Construction, Forestry, Mining and Energy Union

[2014] FWCA 4518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6628)

GREATER CITY CONSTRUCTIONS 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 Greater City Constructions 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 Greater City Constructions 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 Greater City Constructions and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the enforceability of the agreement, which contained provisions regarding the classification and remuneration of employees in the building and construction industry. The respondent, Greater City Constructions, challenged the agreement's validity, arguing that it failed to comply with statutory requirements.

The central legal issues before the Commission were whether the agreement was properly certified and if it met the criteria for approval under the Fair Work Act 2009. Certification was contested as the union claimed it had the necessary majority support from the employees, while the respondent argued otherwise. Furthermore, the Commission needed to assess if the agreement adhered to the Fair Work Act's requirements, such as addressing minimum entitlements and ensuring fair terms for both parties.

The Commission evaluated the evidence presented by both parties regarding the certification process and found that the union had indeed obtained the necessary majority support. Consequently, the agreement was deemed properly certified. The Commission also examined the agreement's provisions and concluded that it complied with the statutory requirements of the Fair Work Act. The agreement was found to address the minimum entitlements and provide fair terms for both the employees and the employer. Thus, the Commission approved the agreement, finding it to be in accordance with the relevant legislation.

The final orders of the Commission were that the Greater City Constructions and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act 2009. This decision effectively resolved the dispute between the parties and provided a binding framework for the employment relationship between Greater City Constructions and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established