Construction, Forestry, Mining and Energy Union

[2013] FWCA 8518

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11055)

REMEDIAL CONTRACTORS AUSTRALIA PTY LTD T/AS REMCON CONSTRUCTIONS 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 Remedial Contractors Australia Pty Ltd T/As Remcon Constructions 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 Remedial Contractors Australia Pty Ltd T/As Remcon Constructions 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 involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Remedial Contractors Australia Pty Ltd, trading as Remcon Constructions. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission was the court handling this matter. The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009, particularly in terms of its coverage and fairness provisions.

The Commission examined the scope of the agreement and its provisions to ensure it complied with the legislative framework. A significant aspect of the review was whether the agreement provided adequate protections and benefits for the employees covered by it, and if it adhered to the principles of procedural fairness and good faith bargaining. The Commission also had to determine if the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

After careful consideration, the Commission concluded that the enterprise agreement did not fully comply with the requirements of the Fair Work Act. The primary concern was the potential for the agreement to lead to unfair workplace practices, particularly in relation to the classification and remuneration of employees. The Commission found that the agreement did not adequately protect the interests of all employees and could result in significant adverse economic consequences for certain groups. Consequently, the Commission did not approve the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established