Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3662)

CROWN 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, 14 FEBRUARY 2014

Application for approval of the Crown 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 Crown 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 (the 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] In my view, the Consultative Mechanisms provision in clause 6 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family-friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (Item 5(2) of Part 4 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an ‘enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement’. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 21 February 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the Crown Installations Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, specifically in relation to the provisions concerning employee entitlements and the process of bargaining.

The legal issues before the court included whether the agreement complied with the mandatory terms set out in the Fair Work Act, whether the bargaining process was genuinely undertaken in good faith, and if the agreement contained terms that were procedurally and substantively fair and reasonable. The court also needed to consider whether the agreement adequately covered all the required matters and if it met the provisions for minimum standards and protections.

The Fair Work Commission found that the agreement was largely compliant with the Fair Work Act. It determined that the bargaining process was conducted in good faith and that the terms of the agreement were fair and reasonable. The commission noted that the agreement met the mandatory minimum standards and contained provisions for procedural fairness. The court also found that the agreement adequately covered the required matters, ensuring that the employees' rights and entitlements were protected. Consequently, the Fair Work Commission approved the enterprise agreement.

In approving the agreement, the Fair Work Commission issued orders affirming the agreement as meeting all the statutory requirements under the Fair Work Act. The court's decision provided clarity and certainty to the parties involved, confirming the validity of the enterprise agreement and its compliance with the relevant legislative framework.

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