Construction, Forestry, Mining and Energy Union

[2014] FWCA 2890

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5850)

THE TRUSTEE FOR HIGHCON CONSTRUCTION UNIT TRUST T/AS HIGHCON CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 MAY 2014

Application for approval of The Trustee for Highcon Construction Unit Trust T/As Highcon Constructions 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 Trustee for Highcon Construction Unit Trust T/As Highcon Constructions 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 9 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 parties involved in the case were The Trustee for Highcon Construction Unit Trust, trading as Highcon Constructions Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the statutory requirements set forth in the Fair Work Act 2009.

The Commission found that the agreement met the necessary standards for approval. It concluded that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The Commission emphasised that the agreement provided for appropriate protections and benefits for the employees, while also ensuring that the employer's business needs were adequately considered. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, determining that it was fair and reasonable and complied with the statutory requirements. This decision provided certainty for both the employees and the employer, allowing them to proceed with the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established