Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8042

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10796)

LSC FABRICATIONS 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 LSC Fabrications 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 LSC Fabrications 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 matter before the Fair Work Commission involved an application for approval of the LSC Fabrications Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The respondent, LSC Fabrications, sought to have the enterprise agreement approved under section 233 of the Fair Work Act 2009, while the applicant, the CFMEU, supported the approval process. The core dispute centred around whether the agreement met the legal standards and requirements for enterprise agreements under the Act.

The primary legal issues the court had to resolve were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court examined whether the agreement was made in good faith and whether the necessary consultation processes were followed. Substantively, the court assessed whether the agreement contained the requisite minimum terms and conditions as per the Fair Work Act, and whether it was fair and reasonable.

The Fair Work Commission determined that the agreement was valid and met all the necessary legal standards. The Commission found that the agreement was made in good faith and followed the appropriate consultation processes. Furthermore, the agreement contained all the required minimum terms and conditions and was fair and reasonable. The Commission approved the enterprise agreement, thus allowing it to take effect.

The Fair Work Commission issued an order approving the LSC Fabrications Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The order confirmed that the agreement was valid and could be implemented as per the terms outlined in the agreement.

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