Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8519

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11059)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 OCTOBER 2013

Application for approval of the Alustain 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 Alustain 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 6 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 before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the Alustain Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the terms of the proposed enterprise agreement, which was intended to govern the employment conditions of workers in the building and construction industry employed by Alustain Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The key legal issues the Commission needed to address were whether the agreement complied with the procedural requirements for enterprise agreements, whether it contained any provisions that were contrary to public policy, and if it provided for the fair treatment of employees. Specifically, the Commission had to ensure that the agreement was made in good faith, that it was free from coercion and undue influence, and that it included minimum entitlements as stipulated by the Act. Additionally, the Commission considered whether the agreement unfairly disadvantaged any group of employees or imposed terms that were not in the best interests of the employees.

In its decision, the Commission examined the evidence provided and the arguments presented by both parties. It found that the agreement was made in good faith and without coercion or undue influence. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or that unfairly disadvantaged any group of employees. The agreement was found to comply with all the statutory requirements and provided for the fair treatment of employees, including the inclusion of minimum entitlements. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the relevant legal standards.

The Fair Work Commission approved the Alustain Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, confirming its compliance with the legal requirements under the Fair Work Act 2009. This decision provided certainty and clarity for the employees and the employer regarding the terms and conditions of employment covered by the agreement.

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