Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8833

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11361)

CP MCKAY & D REMINE T/AS NNC STEELFIXING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 NOVEMBER 2013

Application for approval of the CP McKay & D Remine T/As NNC Steelfixing 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 CP McKay & D Remine T/As NNC Steelfixing 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 19 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 involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the CP McKay & D Remine T/As NNC Steelfixing and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission, with the parties seeking resolution on various issues relating to the proposed agreement.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to its coverage, bargaining power, and compliance with the Good Faith Bargaining (GFB) requirements. The Commission had to determine if the agreement was in the best interests of the employees and if it contained appropriate provisions for fair and equitable treatment of all parties involved.

In its decision, the Fair Work Commission thoroughly examined the agreement, considering submissions from both parties and relevant case law. The Commission found that the agreement was generally compliant with the Fair Work Act 2009 and met the necessary requirements for approval. The Commission emphasised the importance of good faith bargaining and the need for parties to reach a fair and equitable agreement. It also noted that the agreement provided adequate protections and benefits for the employees, including provisions for wage increases, improved working conditions, and provisions for resolving disputes.

The Fair Work Commission approved the CP McKay & D Remine T/As NNC Steelfixing and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, subject to certain conditions and modifications to address minor issues identified during the review process. The decision underscored the importance of ensuring fair and equitable treatment of all parties involved in the agreement, while also recognising the need for flexibility and adaptability in the bargaining process.

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