Construction, Forestry, Mining and Energy Union

[2013] FWCA 8517

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11054)

PEEL CONCRETE CONSTRUCTIONS 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 Peel Concrete Constructions 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 Peel Concrete Constructions 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 case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Peel Concrete Constructions Pty Ltd, with a dispute over the approval of an enterprise agreement. The application was brought before the Fair Work Commission, which is the tribunal responsible for regulating workplace relations in Australia. The primary issue before the court was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The court was tasked with determining if the agreement was in the best interests of the employees, taking into account factors such as the fairness of the terms and conditions, the protection of employee rights, and the promotion of workplace harmony. The court also considered whether the agreement complied with the relevant provisions of the Fair Work Act, including those relating to the protection of employees' rights and the prevention of unfair dismissal.

After careful consideration of the evidence and arguments presented by both parties, the court found that the proposed agreement did not adequately protect the rights of employees and was not in their best interests. The court determined that the agreement did not sufficiently address the concerns of employees regarding job security and the potential for unfair dismissal. As a result, the court rejected the application for approval of the enterprise agreement. The court's decision emphasised the importance of ensuring that enterprise agreements adequately protect the rights of employees and promote fair and harmonious workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established