Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 68

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12038)

MELBOURNE CONSTRUCT SOLUTIONS 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 Melbourne Construct Solutions 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 Melbourne Construct Solutions 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 matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Melbourne Construct Solutions Pty Ltd, with the crux of the dispute being the approval of the Enterprise Agreement between the two parties for the period 2011-2015. The Fair Work Commission was the tribunal tasked with adjudicating over the application for the agreement's approval.

The legal issues presented to the court centred on whether the proposed Enterprise Agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was in the best interests of the employees, if it contained appropriate dispute resolution mechanisms, and whether it complied with the provisions of the Act. Additionally, the court had to determine if the agreement was free from any unlawful content or conditions that were unfair.

In rendering its decision, the Fair Work Commission found that the Enterprise Agreement did not meet the threshold for approval. The court held that the agreement failed to adequately protect employees in terms of pay rates, conditions, and dispute resolution mechanisms. Furthermore, the court identified several provisions that it deemed to be unfair, which ultimately led to the conclusion that the agreement was not in the best interests of the employees. As a result, the application for approval of the Enterprise Agreement was dismissed.

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