Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3389

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6064)

TITAN CRANES AND RIGGING 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 Titan Cranes and Rigging 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 Titan Cranes and Rigging 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 matter before the court involved an application for approval of the Titan Cranes and Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Titan Cranes and Rigging Pty Ltd, sought to have the enterprise agreement approved by the Fair Work Commission under the Fair Work Act 2009. The respondent, the Construction, Forestry, Mining and Energy Union, contested the application on various grounds, primarily asserting that the agreement did not meet the requirements of the Act.

The primary legal issues for the court to determine were whether the enterprise agreement complied with the statutory provisions of the Fair Work Act and if the agreement was genuinely intended to be a bargain between the employer and the employees. The court needed to assess whether the agreement was made in good faith, contained terms that were fair and reasonable, and adhered to the procedural requirements set forth in the Act.

The court found that the enterprise agreement was indeed made in good faith and contained terms that were fair and reasonable. The court noted that the agreement had been negotiated between the parties with due consideration of the relevant factors and did not contravene any provisions of the Fair Work Act. The court further determined that the agreement met the statutory requirements for approval, including the procedural requirements. Consequently, the court approved the application for the enterprise agreement.

The court ordered that the Titan Cranes and Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 be approved under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the employees of Titan Cranes and Rigging Pty Ltd for the duration of the agreement.

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