Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2969

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5856)

WORKPLACE FOCUS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 MAY 2014

Application for approval of the Workplace Focus 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 Workplace Focus 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 15 May 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Workplace Focus Pty Ltd, sought approval for the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 from the Fair Work Commission. The applicant was a construction company, and the respondent was the Construction, Forestry, Mining and Energy Union (CFMEU), a trade union representing construction workers in Australia. The primary dispute involved the terms and conditions of employment for workers in the building and construction industry as outlined in the proposed agreement. The matter was heard by the Fair Work Commission, an independent statutory body with the authority to resolve workplace disputes and approve enterprise agreements.

The central legal issues the Commission had to address were whether the proposed agreement complied with the relevant legislative provisions and whether it provided for the fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was genuinely negotiated between the parties, whether it contained only permissible matters, and whether it provided for a fair and reasonable balance between the interests of employers and employees. Additionally, the Commission had to ensure that the agreement did not undermine the protection of employees' rights or the operation of the industrial relations system.

The Fair Work Commission found that the proposed agreement was genuinely negotiated between the parties and contained only permissible matters. The Commission considered that the agreement provided for a fair and reasonable balance between the interests of employers and employees and did not undermine the protection of employees' rights or the operation of the industrial relations system. The Commission took into account the economic and social context in which the agreement was negotiated, including the state of the building and construction industry and the parties' bargaining positions. The Commission also considered the views of other stakeholders, including the government and industry representatives. Based on these factors, the Commission approved the Workplace Focus Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The final orders of the Fair Work Commission were that the proposed agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's decision until the end of the agreement period, which was 1 July 2015. The Commission also ordered that the agreement be published on its website and made available to the public. The approval of the agreement allowed it to be used as a basis for employment conditions in the building and construction industry, providing certainty and stability for both employers and employees.

Construction, Forestry, Mining and Energy Union

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