Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9320

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11560)

ALLSCOPE PROJECTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the Allscope Projects Pty Ltd 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 Allscope Projects Pty Ltd 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 4 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 applicants, Allscope Projects Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for the Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission. The dispute centred around the terms of the proposed enterprise agreement and whether it met the requirements under the Fair Work Act 2009 for approval and registration.

The primary legal issue before the Commission was whether the agreement satisfied the "better off overall test" and whether it was "freely and voluntarily" made. The Commission needed to assess if the agreement provided employees with a better overall package of pay and conditions compared to the applicable award and if it was made without coercion or undue influence. Additionally, the Commission examined if the agreement complied with the Fair Work Act's procedural requirements for such agreements.

In considering the application, the Commission found that the agreement did indeed meet the "better off overall test", as it provided employees with enhanced pay and conditions compared to the relevant award. The Commission also determined that the agreement was made voluntarily, without coercion or undue influence. The procedural requirements set out in the Fair Work Act were also satisfied. Consequently, the Commission approved and registered the agreement as a certified agreement, effective from the date of the decision.

The Fair Work Commission approved the Building and Construction Industry Enterprise Agreement 2011-2015 between Allscope Projects Pty Ltd and the CFMEU, certifying it as a lawful and binding agreement.

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