Construction, Forestry, Mining and Energy Union

[2013] FWCA 9123

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11490)

I & D GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 20 NOVEMBER 2013

Application for approval of the I & D Group 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 I & D Group 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 27 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 Full Bench of the Fair Work Commission involved an application for the approval of the I & D Group Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred on the procedural fairness and the substantive content of the agreement, particularly in relation to the bargaining process and the terms of employment.

The court had to determine whether the agreement was made in accordance with the provisions of the Fair Work Act 2009, specifically whether the union had complied with the procedural requirements for negotiating and finalising the enterprise agreement, and whether the agreement itself met the standards for being a "better off overall" agreement. Additionally, the court examined whether the agreement included provisions that were contrary to public policy or were otherwise invalid.

In delivering the decision, the Full Bench found that there were procedural irregularities in the bargaining process, which led to the conclusion that the agreement was not made fairly. The court also held that certain provisions within the agreement were invalid as they contravened public policy. Consequently, the application for approval of the agreement was dismissed. The Full Bench ordered that the agreement be returned to the parties for renegotiation and resubmission, ensuring that all procedural requirements were fully complied with and that the agreement met all legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established