Construction, Forestry, Mining and Energy Union

[2013] FWCA 9742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11691)

EAGON AUSTRALIA ACT PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 11 DECEMBER 2013

Application for approval of the Eagon Australia ACT Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Eagon Australia ACT Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016 (the Agreement).

[2] The Agreement was made by the employer, Eagon Australia ACT Pty Ltd and the Construction, Forestry, Mining and Energy Union (the Union).

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

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2013. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant, the Fair Work Commission was asked to consider an application for the approval of an enterprise agreement between Eagon Australia ACT Pty Ltd and the Construction, Forestry, Mining and Energy Union Greenfields Agreement (ACT) 2013-2016. The dispute arose from the negotiation and subsequent application for approval of the agreement, which covers the employees of Eagon Australia ACT Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009, including provisions regarding the good faith bargaining process, the content of the agreement, and its overall fairness. The Commission also had to consider whether the agreement appropriately addressed the terms and conditions of employment for the employees of Eagon Australia ACT Pty Ltd and whether it was in the best interest of the employees.

The Fair Work Commission examined the evidence and submissions provided by both parties, focusing on the negotiation process, the content of the agreement, and its implications for the employees. The Commission found that the agreement was the product of good faith bargaining and that it contained provisions that were fair and reasonable. The Commission noted that the agreement addressed the employees' terms and conditions of employment comprehensively and appropriately balanced the interests of both the employer and the employees. The Commission concluded that the agreement was in the best interest of the employees and approved the application for the agreement's registration.

As a result of the decision, the Eagon Australia ACT Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016 was approved and registered under the Fair Work Act 2009. The agreement became a legally binding enterprise agreement between Eagon Australia ACT Pty Ltd and the Construction, Forestry, Mining and Energy Union Greenfields Agreement (ACT) 2013-2016, governing the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established