Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2561

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5571)

ABLE INSTALLATIONS 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 Able Installations 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 Able Installations 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

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, represented by their industrial officers, applied for the approval of the Able Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This application arose from negotiations between the union and the employer, resulting in an enterprise agreement that needed to be formally recognised and approved to take effect. The central issue was whether the agreement met the legal standards and requirements for approval under the Fair Work Act 2009.

The Commission examined several key aspects of the agreement, including whether it complied with the provisions of the Fair Work Act concerning the minimum entitlements, the bargaining process, and the fairness test. The union argued that the agreement was the result of good faith negotiations and covered all necessary terms and conditions of employment. Conversely, Able Installations Pty Ltd raised concerns about specific clauses within the agreement, suggesting that some provisions might be overly restrictive or not in line with the broader industrial relations framework. The Commission needed to determine if the agreement satisfied all legal prerequisites for approval, including ensuring it did not undermine the minimum standards provided by the Act.

After thorough consideration of the arguments and evidence presented, the Fair Work Commission concluded that the agreement substantially met the requirements for approval. The Commission found that while some clauses required minor adjustments to align more closely with the Fair Work Act, the overall agreement was fair and represented the outcome of genuine negotiations between the parties. Therefore, the Commission approved the enterprise agreement with the specified modifications to ensure compliance with the Act. This decision formalised the terms and conditions of employment as agreed upon between the union and the employer, subject to the adjustments made by the Commission.

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