Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2972

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5881)

RHILMONT UNIT TRUST T/AS SWIFT CONSTRUCTION MANAGEMENT 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 Rhilmont Unit Trust T/As Swift Construction Management 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 Rhilmont Unit Trust T/As Swift Construction Management 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

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Rhilmont Unit Trust T/As Swift Construction Management, who applied for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission was the court in which this matter was heard. The primary dispute centred around the procedural fairness of the Commission's process in considering the application for approval of the enterprise agreement.

The legal issues before the Commission were whether the process followed in considering the application for approval of the enterprise agreement was procedurally fair, and whether there was an adequate opportunity for the parties to be heard and to respond to submissions made by the other party. The CFMEU argued that the process was unfair and that they were not given a proper opportunity to respond to submissions made by the Rhilmont Unit Trust.

The Commission found that the process followed in considering the application for approval of the enterprise agreement was procedurally fair. The Commission noted that the CFMEU had been given an opportunity to make submissions and to respond to submissions made by the Rhilmont Unit Trust. The Commission also found that the CFMEU had not demonstrated that they were unable to respond to the submissions made by the Rhilmont Unit Trust, or that the process had prevented them from making a proper case for their position. The Commission concluded that the application for approval of the enterprise agreement should be approved.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The CFMEU's application for review of the decision was dismissed.

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