Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2637

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5655)

AKUNA COMMERCIAL CONCRETE PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 APRIL 2014

Application for approval of the Akuna Commercial Concrete 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 Akuna Commercial Concrete 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 29 April 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 matter before the Fair Work Commission was an application for the approval of the Akuna Commercial Concrete Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Akuna Commercial Concrete Pty Ltd, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The respondent, the Construction, Forestry, Mining and Energy Union, represented the employees involved in the dispute.

The central legal issue the Fair Work Commission had to address was whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" (BOOT), which required that the employees be no worse off financially and at least some employees be better off overall. The Commission also had to ensure the agreement adhered to the provisions concerning minimum terms and conditions, including those related to minimum wages, penalty rates, and other employment standards.

The Fair Work Commission, in its decision, closely examined the provisions of the agreement and compared them against the statutory requirements. The Commission found that the agreement satisfied the BOOT, as it provided a combination of financial and non-financial benefits that resulted in some employees being better off overall. Furthermore, the agreement was deemed to comply with all minimum terms and conditions stipulated in the Fair Work Act. Consequently, the Commission approved the Akuna Commercial Concrete Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Fair Work Commission ordered that the enterprise agreement be approved and registered, effective from the date of the decision. This approval ensured that the agreement would be legally binding on both parties and would govern the terms and conditions of employment for the relevant employees until the agreement's expiration or until it was superseded by another approved agreement.

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