Construction, Forestry, Mining and Energy Union

[2013] FWCA 8391

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10992)

METRO CONCRETE 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, 25 OCTOBER 2013

Application for approval of the Metro Concrete 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 Metro Concrete 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 1 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 matter before the Fair Work Commission involved an application for approval of the Metro Concrete Pumping Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Metro Concrete Pumping Pty Ltd, sought approval for the enterprise agreement as it pertained to its employees, who were members of the union. The respondent, the Construction, Forestry, Mining and Energy Union, supported the application, asserting that the agreement met the necessary legal criteria.

The key legal issues before the Commission were whether the enterprise agreement was fairly and appropriately negotiated, and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it contained any provisions that might be considered contrary to public policy or unfair. Additionally, the Commission had to consider whether the agreement adequately protected employees' rights and interests.

The Commission found that the enterprise agreement had been fairly negotiated and contained terms and conditions that were fair and reasonable. The Commission noted the thorough process followed by both parties in negotiating the agreement, and the evidence provided that the agreement was made in good faith. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy or unfair, and that it provided adequate protections for employees' rights and interests. Based on these findings, the Commission approved the enterprise agreement.

In light of the findings, the Commission approved the Metro Concrete Pumping Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The approval was subject to certain conditions, including the requirement that any variations to the agreement be made in good faith and that any disputes arising under the agreement be referred to the Commission for resolution. The Commission's decision provides clarity and certainty for both employers and employees in the building and construction industry, ensuring that the agreement is fair and appropriate for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established