Construction, Forestry, Mining and Energy Union

[2014] FWCA 3390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6066)

GCCP UNIT TRUST T/AS GOLDEN CITY CONCRETE PUMPING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MAY 2014

Application for approval of the GCCP Unit Trust T/As Golden City Concrete Pumping 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 GCCP Unit Trust T/As Golden City Concrete Pumping 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 29 May 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the GCCP Unit Trust T/As Golden City Concrete Pumping Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The GCCP Unit Trust, the relevant entity for the purposes of the Fair Work Act 2009 (Cth), was the respondent to the application. The Fair Work Commission was the court before which the matter was heard. The primary issue before the court was whether the enterprise agreement in question met the criteria for registration and approval under the Fair Work Act 2009 (Cth). This involved assessing the agreement's compliance with various statutory requirements, including its adherence to the Better Off Overall Test (BOOT).

The court found that the agreement did not meet the requirements for approval under the Fair Work Act 2009 (Cth). The agreement did not satisfy the BOOT, as employees were not better off overall when compared to their previous conditions. The court also found that the agreement contained provisions that were not in accordance with the relevant industrial instruments, which further hindered its approval. Consequently, the court dismissed the application for approval of the enterprise agreement.

In light of the court's findings, it determined that the GCCP Unit Trust T/As Golden City Concrete Pumping Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 did not meet the criteria for registration and approval under the Fair Work Act 2009 (Cth). The court dismissed the application and made no orders for approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established