Construction, Forestry, Mining and Energy Union

[2013] FWCA 9010

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11435)

CNC PRO 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 CNC PRO 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 CNC PRO 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 parties involved in this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and CNC PRO Pty Ltd. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to regulate workplace relations and to provide a streamlined system for resolving workplace disputes.

The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, if it contained the minimum terms and conditions, and if it complied with any relevant national employment standards. Additionally, the Commission had to consider if the agreement was made in good faith and if the process of its creation was fair.

In reaching its decision, the Commission examined the provisions of the agreement and the process through which it was developed. The Commission noted that the agreement contained terms and conditions that were no less favourable than the relevant national employment standards. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the process of its creation was fair. The Commission concluded that the agreement was in the best interests of the employees and approved the agreement for registration. This decision was made on the basis that the agreement was fair, did not contain any terms that were detrimental to the employees, and was made in accordance with the requirements of the Act. The Commission's decision was based on a thorough analysis of the agreement and the process through which it was developed. The Commission was satisfied that the agreement met all of the statutory requirements for approval and that it was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established