Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3388

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6060)

VIC WIDE CONCRETE & EARTHMOVING 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 Vic Wide Concrete & Earthmoving 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 Vic Wide Concrete & Earthmoving 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Vic Wide Concrete & Earthmoving Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was negotiated and the extent to which it was free from improper conduct.

The legal issues before the Commission included whether the enterprise agreement was genuinely negotiated, and whether it was free from any undue influence or coercion. The CFMEU argued that the agreement was the result of proper negotiations and that it complied with all relevant statutory requirements. Conversely, Vic Wide Concrete & Earthmoving Pty Ltd contended that the agreement was marred by improper conduct and was therefore invalid.

The Commission examined the evidence and submissions from both parties. It determined that the enterprise agreement was indeed the result of genuine negotiations and that it was not influenced by any improper conduct. The Commission found that the agreement was fair and reasonable, and it approved the enterprise agreement, ruling that it met all the statutory criteria for approval under the Fair Work Act 2009.

The Commission's decision was that the Vic Wide Concrete & Earthmoving Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved. The agreement was to be registered and would apply to the employees of Vic Wide Concrete & Earthmoving Pty Ltd.

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