Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11962)

SUNLAND CONSTRUCTIONS (VIC) 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 Sunland Constructions (Vic) 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 Sunland Constructions (Vic) 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Sunland Constructions (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around whether the agreement met the requirements for registration under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any improper conduct or other factors that would render it unsuitable for registration.

The legal issues before the Commission involved assessing whether the agreement complied with the statutory criteria for approval, including ensuring that it was not detrimental to the parties' employees or to the industrial relations system more broadly. The Commission needed to evaluate the terms of the agreement, including wages, hours of work, leave entitlements, and other employment conditions, to determine if they were fair and reasonable. Additionally, the Commission considered whether the agreement had been negotiated in good faith and whether there had been any improper conduct during the bargaining process.

After a thorough examination of the agreement and the evidence presented, the Commission found that the terms and conditions outlined in the agreement were fair and reasonable. The Commission determined that the agreement met the statutory criteria for registration and did not contain any terms that were detrimental to the employees or the industrial relations system. The Commission also concluded that the agreement had been negotiated in good faith and that there had been no improper conduct during the bargaining process. Accordingly, the Commission approved the agreement for registration under the Fair Work Act 2009.

The Commission's final orders included the registration of the Sunland Constructions (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was to be registered from the date of the Commission's decision, and it would apply to all employees of Sunland Constructions (Vic) Pty Ltd who were covered by the agreement. The decision was final and binding on all parties involved in the dispute.

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