Construction, Forestry, Mining and Energy Union

[2013] FWCA 9848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/10050)

CONCRETE CUTTING SOLUTIONS (COMMERCIAL) PTY LTD AND CFMEU (WA) (OLD TREASURY BUILDING) GREENFIELDS AGREEMENT 2013-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 DECEMBER 2013

Application for approval of the Concrete Cutting Solutions (Commercial) Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Cutting Solutions (Commercial) Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2013-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 16 December 2013 and, in accordance with s.54, will operate from 23 December 2013. The nominal expiry date of the Agreement is 31 October 2014.

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 (CFMEUA) and Concrete Cutting Solutions (Commercial) Pty Ltd (the Applicant). The dispute was about the approval of a proposed greenfields agreement between the two parties for the period 2013-2014. The matter was heard in the Fair Work Commission (FWC). The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically whether it was a genuine agreement and whether it complied with the better-off-overall test.

The FWC considered the evidence provided by both parties and the arguments presented. The Applicant argued that the proposed agreement was a genuine agreement and that it complied with the better-off-overall test. The CFMEUA argued that the proposed agreement was not a genuine agreement and did not comply with the better-off-overall test. The FWC found that the proposed agreement was a genuine agreement and that it complied with the better-off-overall test. The FWC considered the evidence provided by both parties and the arguments presented. The FWC found that the proposed agreement was a genuine agreement and that it complied with the better-off-overall test. The FWC approved the proposed agreement.

The FWC approved the proposed agreement between Concrete Cutting Solutions (Commercial) Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA). The FWC found that the proposed agreement was a genuine agreement and that it complied with the requirements of the Fair Work Act 2009. The FWC considered the evidence provided by both parties and the arguments presented. The FWC found that the proposed agreement was a genuine agreement and that it complied with the better-off-overall test. The FWC approved the proposed agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established