Construction, Forestry, Mining and Energy Union

[2013] FWCA 8510

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11023)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 OCTOBER 2013

Application for approval of the AJ Pumping 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 AJ Pumping 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 5 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 Fair Work Commission was an application for approval of the AJ Pumping Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was made between the employer and the union, covering various terms and conditions of employment for employees in the building and construction industry. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained terms that were not genuinely bargained between the parties, as required by section 231 of the Act. Additionally, the Commission had to determine whether the agreement satisfied the "no disadvantage" test under section 234 of the Act, ensuring that employees would not be worse off if the agreement was approved. The Commission also had to consider the overall fairness and reasonableness of the agreement.

In assessing the application, the Fair Work Commission examined the negotiation process and the contents of the agreement. The Commission found that the agreement had been genuinely bargained between the parties and contained no terms that were not genuinely bargained. The Commission also concluded that the agreement did not result in any employee being worse off and was fair and reasonable overall. Consequently, the Commission approved the agreement, finding it met the statutory requirements for approval.

The Fair Work Commission approved the AJ Pumping Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, confirming its compliance with the statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established