Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11928)

PROPERTY AND EQUITY SOLUTIONS PTY LTD T/AS HYDRAULIC AND CIVIL CONTRACTING 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 Property and Equity Solutions Pty Ltd T/As Hydraulic and Civil Contracting 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 Property and Equity Solutions Pty Ltd T/As Hydraulic and Civil Contracting 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 parties in this matter were Property and Equity Solutions Pty Ltd (trading as Hydraulic and Civil Contracting) and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute concerned the approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 by the Fair Work Commission. The matter was heard in the Full Bench of the Fair Work Commission, an Australian federal workplace relations tribunal. The applicant, Hydraulic and Civil Contracting, sought approval for the agreement, while the CFMEU contested the application on various grounds.

The primary legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the process leading to the agreement was fair and transparent. The CFMEU argued that the agreement did not meet the criteria and that the process was flawed due to alleged coercion and unfair labour practices. The court had to assess the validity of these claims and determine whether the agreement could be approved.

The Full Bench of the Fair Work Commission found that the agreement did meet the criteria for approval. The court rejected the CFMEU's claims of coercion and unfair labour practices, finding that the process was fair and transparent. The court also noted that the agreement contained provisions that protected the rights of all parties involved. Consequently, the Full Bench approved the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

As a result of the decision, the Fair Work Commission approved the enterprise agreement, allowing it to be registered and enforceable. The CFMEU's application to set aside the approval was dismissed, and the agreement was upheld as valid and binding.

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