Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6525)

TRISTAC PTY LTD AND THE CFMEU BUILDING AND 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 Tristac 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 Tristac 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 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Tristac Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered. The legal issues before the Commission included whether the agreement satisfied the requirements for coverage, good faith bargaining, and the process through which it was made.

The Commission examined the process of bargaining and the content of the agreement to determine if it had been genuinely negotiated between the parties. It considered whether the agreement was made in good faith and if it covered all the necessary aspects required under the Act. The Commission also assessed whether the agreement complied with the procedural fairness and whether the parties had fulfilled their obligations to bargain in good faith. The CFMEU argued that the agreement was a fair and reasonable one, while Tristac Pty Ltd contested several provisions, claiming they were not the result of genuine bargaining.

The Commission found that while there were procedural irregularities in the bargaining process, the overall content of the agreement was fair and reasonable. The irregularities did not undermine the validity of the agreement as a whole. The Commission concluded that the agreement met the necessary criteria for approval under the Act, despite the procedural shortcomings. The Fair Work Commission approved the agreement, noting the need for improved procedural practices in future bargaining processes.

The Commission ordered that the Tristac Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved and registered, effective from the date of the decision. The Commission also recommended that both parties adhere to improved bargaining practices in future negotiations to avoid similar issues.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established