Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8148

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10908)

SAVCON BUILDING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 OCTOBER 2013

Application for approval of the Savcon Building 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 Savcon Building 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 25 October 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Savcon Building Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. Savcon Building Pty Ltd opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute came before the Full Bench of the Fair Work Commission, which was required to determine whether the agreement complied with the statutory requirements for enterprise agreements.

The primary legal issue before the Commission was whether the agreement met the mandatory criteria set out in the Fair Work Act. The Commission considered whether the agreement contained the necessary provisions to ensure genuine bargaining, and whether it complied with the minimum standards set by the Act, including provisions on minimum wages and conditions. The CFMEU argued that the agreement was the product of genuine bargaining, while Savcon Building Pty Ltd contended that it did not meet the statutory requirements for approval.

The Full Bench of the Commission found that the agreement was the product of genuine bargaining between the parties, and that it complied with the statutory requirements for enterprise agreements. The Commission noted that the agreement contained provisions that met the minimum standards set out in the Fair Work Act, including provisions on minimum wages and conditions. The Commission also found that the agreement contained provisions that went beyond the minimum standards, which were the result of genuine bargaining between the parties. Accordingly, the Full Bench of the Commission approved the Savcon Building Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Full Bench of the Commission approved the Savcon Building Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement was the product of genuine bargaining between the parties, and that it complied with the statutory requirements for enterprise agreements. The Commission also found that the agreement contained provisions that went beyond the minimum standards set out in the Fair Work Act, which were the result of genuine bargaining between the parties. Accordingly, the Full Bench of the Commission approved the agreement, and it came into effect on 1 July 2011.

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