Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/212)

GREEN BUILDING APPLICATIONS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 20 FEBRUARY 2014

Application for approval of the Green Building Applications Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Green Building Applications Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012 (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). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Company has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2014. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Green Building Applications Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement, which was intended to regulate the employment conditions of workers in the green building sector. The dispute arose due to disagreements over the terms of the agreement, specifically concerning its compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issues that the Commission was required to decide involved whether the enterprise agreement met the criteria for approval under the Fair Work Act and whether it adhered to the provisions of the Fair Work (Registered Organisations) Act. Specifically, the Commission needed to assess if the agreement provided for the terms and conditions of employment, including pay and conditions, and whether it was consistent with the broader framework of Australian industrial relations law.

The Fair Work Commission, after reviewing the terms of the agreement and the submissions from both parties, found that the enterprise agreement did meet the statutory requirements for approval. The Commission determined that the agreement was consistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission highlighted that the agreement appropriately addressed the terms and conditions of employment and was negotiated in good faith, thereby satisfying the legal criteria for approval. Consequently, the Commission approved the enterprise agreement, recognising it as a valid and enforceable document governing the employment conditions within the specified industry sector.

In light of the approval, the Commission issued its final orders, granting approval of the Green Building Applications Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012. The agreement was deemed to be effective from the date of the Commission's decision, providing a framework for the terms and conditions of employment for the workers involved in the green building sector.

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