Construction, Forestry, Mining and Energy Union

[2014] FWCA 3108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5934)

DAWES FAMILY TRUST T/AS THE TREE MUSKETEERS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 MAY 2014

Application for approval of the Dawes Family Trust T/As The Tree Musketeers 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 Dawes Family Trust T/As The Tree Musketeers 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 20 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 applicants in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and the Dawes Family Trust trading as The Tree Musketeers. They sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose due to disagreements over the terms and conditions of employment as outlined in the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a "genuine" enterprise agreement and if it complied with the provisions of the Fair Work Act. This involved assessing the process by which the agreement was negotiated, the extent to which it covered the requisite employees, and whether it contained all necessary terms and conditions of employment. Additionally, the Commission had to consider whether the agreement unfairly disadvantaged any employees and if it met the 'better off overall test' to ensure that no employee would be worse off under the new agreement.

The Fair Work Commission determined that the agreement was genuine and met the necessary legal criteria for approval. The Commission found that the agreement had been negotiated in good faith, covered all relevant employees, and contained all required terms and conditions. It was also concluded that the agreement did not unfairly disadvantage any employees and satisfied the 'better off overall test'. As a result, the Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The approval was based on the findings that the agreement met all statutory requirements and would operate in the interests of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established