Construction, Forestry, Mining and Energy Union

[2014] FWCA 2971

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5879)

ENTIAN 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 Entian 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 Entian 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

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Entian Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 in the Fair Work Commission. The dispute involved the terms and conditions of employment for workers within the specified industry, and the parties aimed to resolve their differences through the Commission's approval process. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the "better off overall test" (BOOT), which required that the agreement must not disadvantage employees more than they would be without the agreement, and whether it adhered to the statutory requirements concerning procedural fairness, good faith bargaining, and the prohibition against forced agreements. Additionally, the Commission had to ensure that the agreement was not contrary to public policy.

In reaching its decision, the Commission examined the terms and conditions of the proposed agreement, including wage rates, working hours, and other employment-related provisions. The Commission found that the agreement satisfied the BOOT as it provided benefits to employees that were at least equivalent to what they would receive without the agreement. The Commission also concluded that the agreement was negotiated in good faith and did not contravene any statutory requirements or public policy. Consequently, the Commission approved the Entian Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Commission's final order was the approval of the enterprise agreement, which would now apply to the employees of Entian Pty Ltd and be registered with the Fair Work Commission. This decision provided a resolution to the dispute and established the terms and conditions of employment for the workers within the specified industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established