Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2639

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5675)

SHAWN KENNEDY FAMILY TRUST (THE TRUSTEE FOR) T/AS EAGLE EARTHWORKS 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 Shawn Kennedy Family Trust (The Trustee for) T/As Eagle Earthworks 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 Shawn Kennedy Family Trust (The Trustee for) T/As Eagle Earthworks 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 case before the court, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Shawn Kennedy Family Trust, trading as Eagle Earthworks Pty Ltd, and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission. The core issue before the court was whether the agreement in question was suitable for approval under the Fair Work Act 2009. This involved assessing if the agreement met the criteria of being in the best interests of the employees and did not include any terms that were detrimental to the employees.

The court had to consider various legal aspects, including the enforceability of the agreement, its compliance with the Act, and whether it appropriately balanced the rights and interests of both employers and employees. The court also needed to examine the agreement's terms to ensure they were not unduly harsh or discriminatory, and whether they allowed for fair and just treatment of employees. The court was tasked with ensuring that the agreement provided adequate protections for employees and maintained a fair workplace environment.

In delivering the decision, the court found that the agreement was generally fair and balanced. It determined that the terms of the agreement were reasonable and did not unjustifiably disadvantage employees. The court also found that the agreement appropriately protected the interests of both employers and employees. Based on these findings, the court approved the agreement, affirming its suitability for the employees represented by the CFMEU. The final orders of the court confirmed the approval of the agreement and its applicability to the Shawn Kennedy Family Trust.

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