Construction, Forestry, Mining and Energy Union

[2013] FWCA 9979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11984)

VERT INDUSTRIES TRUST T/AS VERT INDUSTRIES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Vert Industries Trust T/As Vert Industries 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 Vert Industries Trust T/As Vert Industries 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 26 December 2013. 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Vert Industries Trust trading as Vert Industries Pty Ltd. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Australian Fair Work Commission (FWC). The primary legal issue for the FWC to resolve was whether the agreement between the CFMEU and Vert Industries met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement had been made in the spirit of cooperative workplace relations, whether it contained provisions that were in the best interests of the employees, and if it complied with the relevant industrial laws.

The FWC examined the agreement clause by clause, considering the fairness and practicality of each provision. The Commission found that the agreement generally aligned with the objectives of the Fair Work Act, promoting cooperative workplace relations and fair treatment of employees. The FWC also noted that the agreement provided adequate protections for employees while allowing for flexibility in the workplace. The FWC approved the agreement, acknowledging that while some provisions could be improved, the overall balance of the agreement favoured the interests of the employees and the principles of cooperative workplace relations.

Consequently, the FWC determined that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 met the necessary criteria for approval. The decision was made in the spirit of fostering constructive industrial relations and ensuring that employees were fairly represented in the agreement. The approval of the agreement signifies the FWC's commitment to balancing the rights of employers and employees, while also promoting efficient and fair workplace practices. The final orders included the approval of the agreement, with the understanding that both parties would work towards addressing any concerns that may arise during its implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established