Construction, Forestry, Mining and Energy Union

[2013] FWCA 9765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11843)

AMTREL GROUP PTY LTD T/AS T3 CONSTRUCTIONS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 DECEMBER 2013

Application for approval of the Amtrel Group Pty Ltd T/As T3 Constructions 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 Amtrel Group Pty Ltd T/As T3 Constructions 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 19 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 applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for the Amtrel Group Pty Ltd T/As T3 Constructions and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission of Australia. The central legal issue revolved around whether the proposed enterprise agreement should be approved as a registered agreement under the Fair Work Act 2009. This required the commission to assess if the agreement met the criteria for registration, including whether it provided for fair and reasonable terms and conditions and if it was free from any unfair content.

The commission found that the agreement contained provisions that were not fair and reasonable, as they imposed undue restrictions on the employer's ability to manage its business. The court noted that the agreement's terms significantly limited the employer's flexibility in assigning work, which was seen as an interference with the employer's operational autonomy. Consequently, these provisions were deemed to be unfair and not in line with the objectives of the Fair Work Act. Given these findings, the commission did not grant approval for the agreement.

In summary, the Fair Work Commission denied approval for the proposed enterprise agreement due to its unfair provisions that restricted the employer's ability to manage its business. The court's decision was based on the need to maintain a balance between the rights of employees and employers, ensuring that any agreement is fair and does not unduly hinder the employer's operational capacity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established