Construction, Forestry, Mining and Energy Union

[2013] FWCA 9227

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11519)

AUSTRALIAN SCREED & SAND PUMPING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Australian Screed & Sand Pumping 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 Australian Screed & Sand Pumping 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 29 November 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 case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Australian Screed & Sand Pumping Pty Ltd. The matter pertained to the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred on whether the agreement met the requisite standards and conditions set out in the Fair Work Act 2009. The court had to determine if the agreement contained provisions that were not genuinely intended to be part of the employment relationship or if it was otherwise not in the best interests of the employees.

The legal issues the court needed to address included whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the genuine intention of the parties and the fairness of the agreement to the employees. The court also had to consider if there were any unfair dismissal provisions that did not comply with the Fair Work Act. The crux of the matter was whether the agreement provided for fair and reasonable terms for the employees and whether it met the necessary standards for approval.

In delivering its judgment, the court meticulously examined the provisions of the agreement to determine its compliance with the Fair Work Act. The court found that the agreement did not include any provisions that were not genuinely intended to be part of the employment relationship. Furthermore, the court concluded that the agreement was fair and reasonable and met the necessary standards for approval. The court determined that the agreement was in the best interests of the employees and that it complied with all relevant legislative requirements. As a result, the court granted the application for approval of the enterprise agreement. The final orders of the court were that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established