Construction, Forestry, Mining and Energy Union

[2014] FWCA 4364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6517)

PM EXCAVATION & CONSTRUCTION PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2014

Application for approval of the PM Excavation & Construction 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 PM Excavation & Construction 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 9 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 before the Fair Work Commission involved an application for approval of the PM Excavation & Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The key issues revolved around the agreement's compliance with the procedural requirements and whether it provided fair and reasonable terms for the employees.

The court examined whether the agreement was made with genuine bargaining, if the terms were fair and reasonable, and if the requisite procedural steps were followed. This included assessing the process by which the agreement was made, whether proper consultation occurred, and if the agreement met the substantive requirements. The court also considered if the agreement complied with the good faith obligations and whether the terms were consistent with the national system of industrial relations.

The Fair Work Commission found that the agreement was made in good faith and with genuine bargaining. It was determined that the terms of the agreement were fair and reasonable and that the necessary procedural steps were followed. The Commission approved the enterprise agreement, finding it to be compliant with all relevant provisions of the Fair Work Act. The court emphasised the importance of ensuring that such agreements not only provide for fair terms for the employees but also adhere to the legal framework governing industrial relations.

The final order of the Commission was that the PM Excavation & Construction Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act 2009. This decision upheld the agreement and ensured its terms would govern the employment conditions of the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established