Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9074

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11478)

KINGSTON PLANT HIRE VICTORIA PTY LTD AND THE CFMEU CIVIL 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 Kingston Plant Hire Victoria Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Kingston Plant Hire Victoria Pty Ltd and the CFMEU Civil 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

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Kingston Plant Hire Victoria Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. Kingston Plant Hire Victoria Pty Ltd contested the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009 and that it contained terms that were not in the best interests of employees. The central legal issues for the Commission to decide were whether the agreement complied with the legislative requirements for enterprise agreements and whether the agreement's terms were in the best interests of the employees.

The Commission examined the agreement's compliance with the Fair Work Act 2009, focusing on whether it covered the essential terms and was free from prohibited content. The Commission also assessed whether the agreement's terms were in the best interests of the employees, considering factors such as the agreement's impact on employees' working conditions, job security, and overall welfare. After considering the arguments and evidence presented by both parties, the Commission determined that the agreement was compliant with the Fair Work Act 2009 and that its terms were in the best interests of the employees. The Commission approved the agreement, finding that it met the legislative requirements and provided fair and reasonable terms for the employees.

The Commission's approval of the agreement concluded that the agreement was fair and reasonable and in the best interests of the employees. The decision emphasised the importance of enterprise agreements in providing fair and effective terms for employees and employers in the civil construction industry. The approval of the agreement by the Fair Work Commission ensures that the terms and conditions of employment for employees of Kingston Plant Hire Victoria Pty Ltd are governed by a legally binding and fair enterprise 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