Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2636

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5654)

RHI VICTORIA 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 RHI Victoria 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 RHI Victoria 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

In the matter of an application for approval of the RHI Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission heard the case. The dispute involved the approval of an enterprise agreement between the employer and the union, concerning terms and conditions of employment for the construction industry. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was appropriately certified as a simple, single interest, and multi-employer agreement, and whether it complied with the provisions of the Fair Work Act. The Commission also had to consider if the agreement met the requirements of procedural fairness, particularly in light of the employer's withdrawal of certain proposed terms after the union had certified the agreement. Furthermore, the Commission assessed the agreement's compliance with the public interest provisions and its overall fairness to the employees.

The Fair Work Commission found that the agreement was appropriately certified and met the criteria for approval. The Commission acknowledged the employer's attempt to withdraw certain terms, but concluded that this did not affect the union's initial certification or the agreement's compliance with the Act. The Commission emphasised the importance of the union's role in the bargaining process and upheld the agreement's procedural fairness. It also determined that the agreement was in the public interest and was fair to the employees, taking into account the industry context and the parties' respective positions.

Consequently, the Commission approved the RHI Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The approval was subject to specific conditions and provisions outlined in the decision, which aimed to ensure the agreement's ongoing compliance with the Fair Work Act and its provisions.

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