Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9223

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11512)

C TORWICKS BRICKLAYING PTY LTD AND THE CFMEU BRICKLAYING CONTRACTORS ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the C Torwicks Bricklaying Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the C Torwicks Bricklaying Pty Ltd and the CFMEU Bricklaying Contractors 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and C Torwicks Bricklaying Pty Ltd. The dispute centred around the application for approval of the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission (FWC). The primary legal issues the FWC needed to address were whether the agreement complied with the relevant sections of the Fair Work Act 2009 (Cth) and whether it met the criteria for being a genuine enterprise agreement. This included assessing whether the agreement had been made in good faith and whether it contained minimum terms and conditions as required by the Act.

The FWC examined the evidence presented by both parties, focusing on whether the agreement was genuinely negotiated and contained all necessary provisions. The Commission noted that the agreement had been made following a process that appeared to be in accordance with the procedural requirements of the Act. It was found that the agreement contained all the prescribed minimum terms and conditions, and there was no evidence to suggest that it had been made in bad faith. Furthermore, the FWC concluded that the agreement was made for the purpose of establishing the terms and conditions of employment for the employees of C Torwicks Bricklaying Pty Ltd.

Based on its findings, the FWC approved the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015. The Commission determined that the agreement was a genuine enterprise agreement and thus met the requirements of the Fair Work Act. The approval signified that the agreement was now legally binding on the parties involved, and it would govern the terms and conditions of employment for the employees of C Torwicks Bricklaying Pty Ltd for the duration of the 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