Construction, Forestry, Mining and Energy Union

[2013] FWCA 8505

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11011)

WESTERN DEVELOPMENTS UNIT TRUST T/AS WESTERN DEVELOPMENTS (VIC) 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 Western Developments Unit Trust T/As Western Developments (Vic) 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 Western Developments Unit Trust T/As Western Developments (Vic) 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Western Developments Unit Trust T/As Western Developments (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was about whether the agreement met the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with Deputy President S C Cox presiding.

The legal issues that the Commission needed to address were whether the agreement was a "good faith" agreement, whether it included appropriate dispute resolution mechanisms, and whether it complied with the minimum terms and conditions prescribed by the Act. The Commission considered whether the agreement demonstrated good faith bargaining, whether it included adequate dispute resolution processes, and whether it met the minimum standards for wages and conditions. The Commission also considered whether the agreement complied with relevant industrial laws and regulations.

In its decision, the Commission found that the agreement was a good faith agreement and that it included appropriate dispute resolution mechanisms. The Commission determined that the agreement complied with the minimum terms and conditions prescribed by the Act and that it met the requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees and that it included adequate dispute resolution processes. The Commission also found that the agreement complied with relevant industrial laws and regulations.

The Fair Work Commission approved the agreement, subject to certain conditions and modifications. The Commission ordered that the agreement be registered and that it would be in effect from the date of the decision. The Commission also ordered that certain modifications be made to the agreement, including changes to the dispute resolution processes and the inclusion of additional provisions relating to redundancy and termination of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established