Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 66

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12036)

CENTRAL HIGHLANDS BUILDING CONTRACTORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JANUARY 2014

Application for approval of the Central Highlands Building Contractors 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 Central Highlands Building Contractors 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 13 January 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Central Highlands Building Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission, which was required to determine whether the agreement was in the best interests of the employees involved. The CFMEU argued that the agreement provided fair and reasonable terms for the workers, while the employer contended that the agreement imposed unreasonable restrictions on their business operations.

The key legal issues the Commission had to address included whether the agreement met the criteria for approval under the Fair Work Act 2009, such as providing for the fair and reasonable terms and conditions of employment, and whether it contained any provisions that were not in the best interests of the employees. The Commission also had to consider whether the agreement adequately protected the rights of employees, including their right to freedom of association and the right to organise and participate in protected industrial action.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it contained provisions that were in the best interests of the employees. The Commission also found that the agreement adequately protected the rights of employees, including their right to freedom of association and the right to organise and participate in protected industrial action. The Commission concluded that the agreement was fair and reasonable and approved it.

The Commission's approval of the agreement ensures that the terms and conditions of employment for the workers are fair and reasonable, and that their rights are protected. The employer and the CFMEU will now be bound by the terms of the agreement, which provides certainty and stability for both parties. The decision sets a precedent for future enterprise agreements in the building and construction industry in the Central Highlands region.

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