Construction, Forestry, Mining and Energy Union

[2013] FWCA 9071

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11465)

PETER SADLER TRANSPORT PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 NOVEMBER 2013

Application for approval of the Peter Sadler Transport 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 Peter Sadler Transport 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 26 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 applicant, Peter Sadler Transport Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union. The agreement was to govern the employment of its workers for a period of four years. The dispute was heard in the Fair Work Commission, an Australian labour tribunal.

The central issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement had been made in good faith and that it contained certain minimum terms and conditions. The union argued that the agreement did not meet the statutory requirements.

The Commission examined the application and the evidence presented by both parties. It considered whether the agreement had been negotiated in good faith, whether it contained the mandated minimum terms, and whether it complied with other relevant provisions of the Act. The Commission found that the agreement met all the statutory requirements and approved the application. The union's objections were rejected.

The Commission approved the enterprise agreement, allowing it to take effect as of the specified date. The union's objections were dismissed, and the agreement was registered under the Act. This decision ensured that the terms of employment for the workers would be governed by the agreed-upon conditions for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established