Construction, Forestry, Mining and Energy Union

[2013] FWCA 8601

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11092)

PRECISION CUTTING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 1 NOVEMBER 2013

Application for approval of the Precision Cutting 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 Precision Cutting 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 8 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 matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Precision Cutting Pty Ltd, with the dispute centering around the approval of the 2011-2015 Building and Construction Industry Enterprise Agreement between the two parties. The case was heard in the Fair Work Commission, Australia’s independent statutory body established to resolve workplace disputes. The Commission was tasked with determining whether the proposed agreement should be approved and registered under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it contained the prescribed minimum terms and conditions, and whether it was appropriate to approve an agreement that did not require employees to be union members as a condition of employment. The Commission also considered whether the agreement provided for fair and reasonable terms, and whether it was in the best interests of the employees.

The Commission concluded that the agreement met the statutory requirements and was fair and reasonable. It found that while the agreement did not mandate union membership, it did provide for fair terms and conditions of employment, including provisions for dispute resolution and employee protection. The Commission noted that the agreement provided a fair balance between the rights and obligations of the employer and employees and was in the best interests of the employees. Consequently, the Commission approved the agreement, which was subsequently registered under the Fair Work Act.

The Fair Work Commission approved and registered the 2011-2015 Building and Construction Industry Enterprise Agreement between the Construction, Forestry, Mining and Energy Union and Precision Cutting Pty Ltd. The decision affirmed that the agreement, despite not requiring union membership, provided fair and reasonable terms and conditions of employment, and 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