Construction, Forestry, Mining and Energy Union

[2013] FWCA 8103

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10832)

GRANDVIEW LANDSCAPES PTY LTD 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 Grandview Landscapes 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 Grandview Landscapes 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 23 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 matter before the Fair Work Commission involved an application for the approval of the Grandview Landscapes Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Grandview Landscapes Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The respondent, the Construction, Forestry, Mining and Energy Union, supported the application. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission involved determining whether the enterprise agreement provided for fair and reasonable terms and conditions of employment and whether it was in the public interest. The Commission had to assess whether the agreement contained terms that were fair and reasonable and did not unfairly discriminate against employees. Furthermore, the Commission had to consider whether the agreement promoted the principles of the Fair Work Act, including the protection of vulnerable employees.

The Commission found that the enterprise agreement provided for fair and reasonable terms and conditions of employment. The agreement contained provisions that protected vulnerable employees, such as provisions for minimum wages and penalties for non-payment. The Commission also found that the agreement promoted the principles of the Fair Work Act, including the protection of vulnerable employees. The Commission approved the Grandview Landscapes Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 under section 233 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established