Construction, Forestry, Mining and Energy Union

[2014] FWCA 2560

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5566)

CAPP CONCRETE DEVELOPMENTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 APRIL 2014

Application for approval of the Capp Concrete Developments 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 Capp Concrete Developments 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 23 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Capp Concrete Developments Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The employer contested the application, contending that the agreement did not meet the requirements of the Fair Work Act 2009. The union argued that the agreement was appropriately negotiated and should be approved.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it contained the minimum terms and conditions of employment as mandated by the Act. Additionally, the Commission needed to assess whether the agreement met the procedural requirements for approval, including whether proper bargaining procedures were followed.

The Commission found that the agreement was appropriately negotiated and contained the necessary minimum terms and conditions. It was satisfied that the bargaining process was conducted in good faith and that the agreement was made without any coercion or undue influence. The Commission also determined that the agreement met all procedural requirements for approval. Consequently, the application for approval was successful.

The Commission approved the Capp Concrete Developments Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The employer was directed to implement the agreement, and the union was authorised to enforce the agreement against the employer. The decision underscored the importance of adhering to the statutory requirements for the approval of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established