Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2550

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/4109)

A & D SERVICES UNIT TRUST (THE TRUSTEE FOR) 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 A & D Services Unit Trust (The Trustee for) 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 A & D Services Unit Trust (The Trustee for) 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

The matter before the Fair Work Commission involved an application for the approval of the A & D Services Unit Trust, acting as trustee, and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The union sought to have the agreement approved for registration under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the statutory requirements for enterprise agreements and whether it contained any provisions that contravened the provisions of the Fair Work Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the union, whether it contained any invalid or unenforceable provisions, and whether the agreement was in the best interests of the employees. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirements for the disclosure of information and the protection of vulnerable employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for enterprise agreements. The Commission determined that the agreement contained no invalid or unenforceable provisions and was in the best interests of the employees. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act, including the requirements for the disclosure of information and the protection of vulnerable employees. As such, the Commission approved the agreement for registration under the Fair Work Act.

The Commission's decision to approve the agreement for registration was based on its finding that the agreement met all the statutory requirements for enterprise agreements and was in the best interests of the employees. The Commission found that the agreement was a fair and reasonable agreement that provided for the protection of employees' rights and interests. The Commission also found that the agreement contained no provisions that contravened the provisions of the Fair Work Act. The Commission's decision to approve the agreement was therefore consistent with the principles of fairness and good faith bargaining that underpin the Fair Work Act.

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