Construction, Forestry, Mining and Energy Union

[2013] FWCA 8052

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10818)

D & D CONCRETING AND CONSTRUCTION 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 D & D Concreting and Construction 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 D & D Concreting and Construction 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 case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and D & D Concreting and Construction Pty Ltd, where the CFMEU sought approval for the D & D Concreting and Construction Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission. The primary legal issue before the court was whether the enterprise agreement should be approved, considering the requirements set out in the Fair Work Act 2009.

The court examined the provisions of the agreement to determine if it met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was appropriately registered. The court also assessed if the agreement provided for genuine bargaining and if it included necessary provisions such as minimum wages, classification of employees, and other working conditions. Furthermore, the court evaluated if the agreement contained any unlawful or unfair terms, and if it complied with the statutory obligations and standards under the Fair Work Act.

After careful consideration, the court found that the enterprise agreement met the necessary requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions, and it was appropriately registered. The court was satisfied that the agreement reflected genuine bargaining between the parties and contained provisions that complied with the statutory obligations and standards. Consequently, the court approved the D & D Concreting and Construction Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established