Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8675

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11131)

BEST BALUSTRADES PROJECTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 7 NOVEMBER 2013

Application for approval of the Best Balustrades Projects 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 Best Balustrades Projects 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 14 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 involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Best Balustrades Projects Pty Ltd. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission (FWC) was tasked with deciding whether to grant the application for approval of the agreement. The legal issues the court had to address included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically considering if the agreement provided for the fair and efficient resolution of workplace issues and was not contrary to public policy. The court also had to determine if the agreement provided for adequate consultation and communication provisions.

The FWC examined the provisions of the agreement and considered whether they aligned with the statutory requirements. The court noted that the agreement contained provisions for the resolution of workplace issues and that the parties had demonstrated a commitment to fair and efficient processes. The court also considered the public policy implications, finding that the agreement did not contravene any public policy principles. Regarding consultation and communication, the FWC found that the agreement provided for adequate mechanisms to facilitate ongoing dialogue between the employer and employees.

Based on its analysis, the FWC concluded that the agreement met the criteria for approval. The court found that the agreement provided for fair and efficient workplace issue resolution and was not contrary to public policy. Furthermore, the court was satisfied that the agreement contained adequate consultation and communication provisions. The FWC approved the application, allowing the agreement to be registered. The court's decision provided clarity for the parties involved, ensuring that the agreement was compliant with the statutory requirements and would facilitate a cooperative workplace environment.

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