Construction, Forestry, Mining and Energy Union

[2013] FWCA 8105

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10842)

P G ARVANITIS & D WILLIAMS T/AS ARVA WILL PROJECTS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 OCTOBER 2013

Application for approval of the P G Arvanitis & D Williams T/As Arva Will Projects 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 P G Arvanitis & D Williams T/As Arva Will Projects 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 23 October 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a new enterprise agreement between the P G Arvanitis & D Williams T/As Arva Will Projects and the Construction, Forestry, Mining and Energy Union. The dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was genuinely a bargain between the parties, and if it met the other legislative criteria for approval.

The legal issues before the Commission included whether the agreement was made in good faith, if it contained the appropriate provisions for employee protections, and if the bargaining process was fair and independent. The Commission also needed to consider if the agreement provided for minimum wages and conditions, and if it contained any provisions that might be detrimental to the employees. The nature of the bargaining process and whether it was conducted independently from any undue influence were also scrutinised.

The Fair Work Commission found that the agreement was made in good faith and met the requirements of the Fair Work Act. The Commission was satisfied that the bargaining process was fair and independent, and that the agreement contained appropriate provisions for employee protections and minimum wages and conditions. The Commission also found that the agreement did not contain any provisions that were detrimental to the employees. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, effective from 1 July 2011. The agreement was to remain in force until 30 June 2015, unless terminated earlier in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established