Construction, Forestry, Mining and Energy Union

[2013] FWCA 8046

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10804)

ALLEN, DARREN JOHN T/AS VERTICAL INTEGRITY AND THE CFMEU SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 15 OCTOBER 2013

Application for approval of the Allen, Darren John T/As Vertical Integrity and the CFMEU Specialised Rope Access Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Allen, Darren John T/As Vertical Integrity and the CFMEU Specialised Rope Access 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Allen, Darren John trading as Vertical Integrity. The dispute arose from an application by the CFMEU for approval of the CFMEU Specialised Rope Access Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission of Australia.

The legal issues that the court had to address were whether the proposed enterprise agreement was in compliance with the relevant sections of the Fair Work Act 2009 and whether the agreement provided for the fair and equitable treatment of employees. Specifically, the court needed to determine if the agreement was a "better off overall test" (BOOT) agreement, which required that the employees were no worse off and at least some were better off under the agreement compared to the existing conditions.

The court found that the proposed enterprise agreement met all the requirements under the Fair Work Act. It included provisions for wages, conditions of employment, and dispute resolution mechanisms. The court was satisfied that the agreement provided for the fair and equitable treatment of employees and met the BOOT criteria. The agreement was approved, and it was noted that it was likely to contribute to improved industrial relations between the parties.

The final orders of the court were that the CFMEU Specialised Rope Access Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and it would be in effect from the date of registration. The court's decision was that the agreement would provide for the fair and equitable treatment of employees and contribute to improved industrial relations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established