Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11799)

EXNER HOLDINGS PTY LTD T/AS OZGRIND (GRIND & SEAL) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 DECEMBER 2013

Application for approval of the Exner Holdings Pty Ltd T/As Ozgrind (Grind & Seal) 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 Exner Holdings Pty Ltd T/As Ozgrind (Grind & Seal) 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 16 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 matter before the Fair Work Commission involved an application for approval of the Exner Holdings Pty Ltd T/As Ozgrind (Grind & Seal) and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The parties involved were Exner Holdings Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment set out in the enterprise agreement, and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with the proper process for the negotiation and approval of the enterprise agreement, and whether it contained unfair or unreasonable provisions that would render it invalid. The CFMEU argued that the agreement was properly negotiated and contained reasonable terms, while Exner Holdings contended that certain provisions were unreasonable and that the agreement had not been properly negotiated.

The Commission found that the agreement had been negotiated in good faith and that the process for its approval had been followed correctly. The Commission also found that while some provisions of the agreement were contentious, none were so unreasonable as to invalidate the entire agreement. The Commission emphasised the importance of collective bargaining and the role of enterprise agreements in promoting harmonious workplace relations. The Commission approved the enterprise agreement, subject to certain modifications to address the concerns raised by Exner Holdings.

In light of the findings, the Commission made orders approving the enterprise agreement with the modifications noted. The parties were directed to take all necessary steps to implement the agreement and to address any outstanding issues that may arise during its operation. The decision serves as a reminder of the importance of proper negotiation and the role of enterprise agreements in promoting fair and reasonable workplace outcomes.

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