Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11898)

KLB LINEMARKING PTY LTD AND THE CFMEU BUILDING AND 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 KLB Linemarking 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 KLB Linemarking 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 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

In the case of the Construction, Forestry, Mining and Energy Union, the applicant, against KLB Linemarking Pty Ltd, the respondent, the matter before the Fair Work Commission related to the approval of the KLB Linemarking Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the terms and conditions of employment and whether the agreement should be certified as meeting the requirements of the Fair Work Act 2009.

The legal issues before the commission included whether the enterprise agreement contained terms that were contrary to the provisions of the Fair Work Act, such as terms that unfairly disadvantaged employees or imposed unreasonable conditions. Additionally, the commission needed to determine if the agreement provided for a proper balance between the interests of employers and employees, and whether it complied with the requirements for good faith bargaining and the process for reaching the agreement.

The commission found that the agreement did not contain any terms that were contrary to the Fair Work Act and that the process of reaching the agreement was conducted in good faith. The commission noted that the agreement provided for a fair balance between the interests of employers and employees, and that the terms were reasonable and not oppressive. As such, the commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act. The decision was made in favour of the applicant, and the agreement was certified as meeting the necessary standards for approval.

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