Construction, Forestry, Mining and Energy Union

[2013] FWCA 9365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9856)

MCCONNELL DOWELL CONSTRUCTIONS (AUST) PTY LTD PRECAST YARD (CFMEU) AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 NOVEMBER 2013

Application for approval of the McConnell Dowell Constructions (Aust) Pty Ltd Precast Yard (CFMEU) Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the McConnell Dowell Constructions (Aust) Pty Ltd Precast Yard (CFMEU) Agreement 2013-2016 (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 28 November 2013 and, in accordance with s.54, will operate from 5 December 2013. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the McConnell Dowell Constructions (Aust) Pty Ltd Precast Yard (CFMEU) Agreement 2013-2016. The dispute centred on the terms and conditions of employment as stipulated in the proposed agreement, which aimed to govern the employment of workers in McConnell Dowell’s precast yard. The Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement provided for a proper balance between the rights and obligations of the employer and employees, and whether it met the criteria for registration as a lawful and fair agreement. The Commission needed to assess the provisions related to wages, hours of work, leave entitlements, and other conditions of employment to ensure they complied with the relevant statutory standards and did not unfairly disadvantage either party.

In its decision, the Commission undertook a thorough analysis of the agreement, considering submissions from both the union and the employer. The Commission found that the agreement provided for a reasonable balance of rights and obligations and contained provisions that were consistent with the applicable statutory standards. The Commission was satisfied that the agreement met the criteria for registration and approved it as a lawful and fair agreement. The decision emphasised the importance of ensuring that employment agreements adequately protect the interests of both employers and employees while promoting harmonious workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established