Construction, Forestry, Mining and Energy Union

[2013] FWCA 8678

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11141)

QUICK STEEL RIGGING PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Quick Steel Rigging Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Quick Steel Rigging Pty Ltd and the CFMEU Rigger / Steel Erector 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

In the case before the court, the Construction, Forestry, Mining and Energy Union sought approval of the Quick Steel Rigging Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015. The dispute centred on whether the agreement complied with the necessary legal requirements for enterprise agreements under the Fair Work Act 2009.

The primary legal issues for the court to determine were whether the agreement contained all the mandated terms and conditions, and if it had been fairly and properly negotiated. Specifically, the court had to examine if the agreement met the criteria of being a "simplified procedure agreement" and if it complied with the requirements of the Fair Work Act. The court also needed to ensure that the agreement was not in breach of any provisions concerning good faith bargaining and the avoidance of industrial action.

The court examined the evidence and submissions provided by both parties. It found that the agreement contained all the necessary terms and conditions and was the result of good faith negotiations. The court determined that the agreement complied with the requirements of the Fair Work Act and did not contravene any provisions. Consequently, the court approved the enterprise agreement, confirming its validity and enforceability.

The court's final order was that the Quick Steel Rigging Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 be approved and registered, effective from the date of the court's decision. This ruling affirmed the agreement's legality and allowed it to be implemented between the employer and the union as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established