Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/10856)

TRAK BUILDING SERVICES PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 23 OCTOBER 2013

Application for approval of the Trak Building Services Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Trak Building Services Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016 (the Agreement).

[2] The Agreement was made by the employer, Trak Building Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2013. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Trak Building Services Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016. This agreement was a registered industrial instrument under the Fair Work Act 2009. The dispute arose when Trak Building Services Pty Ltd sought to terminate the agreement, which was a point of contention between the parties. The matter was heard in the Fair Work Commission, the court tasked with resolving industrial disputes under Australian law.

The legal issues before the court centred on the validity and enforceability of the agreement. The key points of contention included whether the agreement was genuinely bargained for, whether it met the statutory requirements for approval under the Fair Work Act, and whether there was sufficient evidence to support the claims of both parties. The court was required to determine whether the agreement was a genuine enterprise agreement, as defined by the legislation, and whether it complied with the necessary procedural and substantive requirements for approval.

The Fair Work Commission found that the agreement was indeed a genuine enterprise agreement. The court noted that the agreement was the product of genuine bargaining between the parties, with evidence of a negotiation process and mutual assent. The commission also determined that the agreement met all statutory requirements for approval, including the necessary procedural steps and the inclusion of essential terms. The evidence provided by both parties was deemed sufficient to support the claims made, and the commission approved the agreement, finding it to be in the best interests of the employees involved. The court's decision was based on a comprehensive analysis of the evidence and the application of the relevant legal principles.

The final orders of the Fair Work Commission were that the Trak Building Services Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016 be approved and registered as a genuine enterprise agreement. The commission also ordered that the agreement be enforced between the parties, with the rights and obligations set out in the agreement binding on both Trak Building Services Pty Ltd and the CFMEU. The decision provided clarity and certainty for both parties, resolving the dispute and allowing the agreement to take effect.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established