Construction, Forestry, Mining and Energy Union

[2013] FWCA 8507

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11019)

CGP CONCRETE GRINDING & POLISHING 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 CGP Concrete Grinding & Polishing 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 CGP Concrete Grinding & Polishing 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 involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Concrete Grinding & Polishing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The primary dispute centred on whether the proposed enterprise agreement met the legal requirements for approval, specifically the provisions relating to wages and conditions.

The key legal issues for the FWC to determine were whether the proposed agreement contained any provisions that were not genuinely intended to be binding, whether the agreement had been genuinely negotiated, and if the agreement met the requirements of the Fair Work Act 2009. A particular focus was on whether the agreement contained provisions that exceeded the scope of the registered bargaining agents and whether it adequately protected employees' wages and conditions.

The FWC examined the evidence presented and concluded that the agreement had been genuinely negotiated and contained provisions that were genuinely intended to be binding. The tribunal found that the agreement did not contain any provisions that exceeded the scope of the registered bargaining agents and that it adequately protected employees' wages and conditions. The FWC approved the proposed enterprise agreement, finding that it met all legal requirements and would provide for fair and effective workplace relations.

The FWC's decision to approve the enterprise agreement was based on a comprehensive review of the evidence and a determination that the agreement met the legal requirements set out in the Fair Work Act 2009. The approval of the agreement ensures that the parties can move forward with the implementation of the new terms and conditions, providing stability and predictability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established