Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9008

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11428)

NAZCORP AUSTRALIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the Nazcorp Australia 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 Nazcorp Australia 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 25 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Nazcorp Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission, with Deputy President Bell presiding. The central issue was whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for minimum terms and conditions and did not include prohibited content.

The Commission considered whether the agreement provided for minimum terms and conditions as required by the Fair Work Act. It also examined the content of the agreement to ensure it did not include any provisions that were prohibited under the Act. The CFMEU argued that the agreement was fair and reasonable, while Nazcorp contested certain provisions, claiming they were overly restrictive or unfair. The Commission analysed the agreement in detail, assessing each clause against the statutory requirements and considering the fairness and reasonableness of the terms.

The Commission found that the majority of the agreement met the statutory requirements, providing for the minimum terms and conditions as mandated by the Fair Work Act. However, certain provisions were identified as containing prohibited content, specifically those that restricted the ability of employees to undertake certain activities. The Commission varied these provisions to ensure compliance with the Act, while affirming the overall fairness of the agreement. The Court approved the agreement with the varied provisions, ensuring it met all legal requirements for endorsement.

The final orders included the approval of the agreement with the specified variations to remove the prohibited content. The agreement was deemed to be in the best interests of the employees and employers covered by the agreement, ensuring it provided for fair and reasonable terms and conditions of employment. The decision was made in the context of ensuring compliance with the Fair Work Act and the protection of the rights of both employees and employers.

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