Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8048

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10807)

GILLS 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, 15 OCTOBER 2013

Application for approval of the Gills 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 Gills 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 22 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 for approval of the Gills Landscapes Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission, an Australian independent statutory body responsible for regulating workplace relations. The primary dispute centred on whether the enterprise agreement provided for fair and reasonable terms and conditions for employees, in compliance with the Fair Work Act 2009.

The legal issues at the heart of this case involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The court had to determine if the agreement met the "better off overall test," ensuring that employees would be no worse off financially and, in some cases, better off. Furthermore, the court considered whether the agreement was consistent with the "independent and cooperative" objectives of the Fair Work Act and did not contravene any provisions of the Act.

In examining the agreement, the Fair Work Commission took into account various factors, including the overall financial impact on employees, the scope of the agreement, and its alignment with broader workplace objectives. The Commission found that the agreement met the "better off overall test" and did not contravene any provisions of the Fair Work Act. The agreement was deemed to be fair and reasonable, meeting the statutory requirements for approval.

As a result, the Fair Work Commission approved the Gills Landscapes Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, affirming its compliance with the Fair Work Act 2009. This decision sets a precedent for similar enterprise agreements, emphasising the importance of meeting the "better off overall test" and aligning with the objectives of the Act.

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