Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9726)

BVM BUILDING FORCE AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2013-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 OCTOBER 2013

Application for approval of the BVM Building Force and CFMEU (WA) and Employees Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the BVM Building Force and CFMEU (WA) and Employees Enterprise Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Building Force and CFMEU (WA) and Employees Enterprise Agreement 2013-2014. The agreement was proposed as a means to regulate the terms and conditions of employment for workers within the building and construction industries in Western Australia. The dispute centred on whether the agreement met the necessary legal criteria for approval, including compliance with the Fair Work Act 2009.

The primary legal issues before the court involved the scrutiny of the proposed agreement to determine if it satisfied the procedural and substantive requirements set forth by the Fair Work Act. These requirements include ensuring that the agreement was made in good faith, that it did not discriminate against any class of employees, and that it contained only permissible provisions as per the Act. Additionally, the court had to examine whether the agreement was sufficiently representative of the workforce it intended to cover.

The court carefully reviewed the agreement, considering the evidence provided by both the union and the employer representatives. It found that the agreement had been made in good faith, contained no discriminatory provisions, and only included permissible matters as defined by the Act. The court also confirmed that the agreement was representative of the intended workforce, thus meeting all the necessary criteria for approval. Consequently, the court approved the agreement, allowing it to come into effect as intended.

The final orders of the court were to approve the Building Force and CFMEU (WA) and Employees Enterprise Agreement 2013-2014, effective from the date of the decision. This ruling ensures that the terms and conditions of employment for workers within the specified industries in Western Australia are governed by the provisions of the approved agreement.

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