Construction, Forestry, Mining and Energy Union

[2013] FWCA 9896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11897)

COOPER FAMILY TRUST (THE TRUSTEE FOR) T/AS NASI PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Cooper Family Trust (The Trustee for) T/As Nasi Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cooper Family Trust (The Trustee for) T/As Nasi Pty Ltd and the CFMEU Civil 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 25 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Cooper Family Trust (trading as Nasi Pty Ltd), with the dispute being over the approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Australian Industrial Relations Commission. The central legal issues revolved around whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered by the Commission. Specifically, the court had to determine if the agreement was made in good faith and if it provided for the proper negotiation process, as well as whether it included all the mandatory terms stipulated by the Act.

The court examined the evidence and submissions from both parties to assess the negotiation process and the terms of the agreement. It found that the negotiation process was conducted in good faith, and that the agreement included all mandatory terms as required by the Fair Work Act. The court also considered the submissions regarding the fairness and reasonableness of the agreement and found that it was not unreasonable or unfair. Consequently, the court approved the application and registered the agreement, concluding that it met all the statutory requirements for registration.

The decision was grounded on the principle that the agreement was made in good faith and included all mandatory terms, thus satisfying the legal criteria for approval. The court's ruling was based on a detailed analysis of the negotiation process and the content of the agreement, confirming its compliance with the relevant legislation. The final orders of the court were that the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 be approved and registered, effective from the date of the decision. This ruling ensures that the agreement remains in force and continues to regulate the employment conditions within the specified industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established