Construction, Forestry, Mining and Energy Union

[2013] FWCA 8392

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10993)

CUBED CONCEPTS PTY LTD T/AS CUBED CONCEPTS 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 Cubed Concepts Pty Ltd T/As Cubed Concepts 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 Cubed Concepts Pty Ltd T/As Cubed Concepts 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 parties involved in this matter are the Construction, Forestry, Mining and Energy Union (CFMEU) and Cubed Concepts Pty Ltd. The dispute pertains to the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This case was heard in the Fair Work Commission of Australia, which is responsible for overseeing and approving enterprise agreements in accordance with the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement was fairly negotiated and if it met the statutory requirements set out in the Fair Work Act. The court had to determine if the agreement was in the best interests of the employees and if it complied with the provisions of the Act. The dispute also involved scrutiny over whether the agreement was made in good faith and if it contained appropriate terms and conditions for the employees.

In considering these issues, the Fair Work Commission examined the negotiation process, the content of the agreement, and the representation of the employees. The Commission found that the agreement was fairly negotiated and contained appropriate terms and conditions for the employees. The court noted that the negotiation process was transparent and that the agreement was in the best interests of the employees. Furthermore, the Commission determined that the agreement was made in good faith and complied with the statutory requirements of the Fair Work Act.

As a result of these findings, the Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was deemed to be fair and appropriate for the employees and was therefore approved by the court. The decision provides clarity and guidance for future enterprise agreements in the building and construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established