Construction, Forestry, Mining and Energy Union

[2013] FWCA 8047

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10805)

COMMERCIAL GLASS & CRANE SERVICES 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 Commercial Glass & Crane Services 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 Commercial Glass & Crane Services 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 was an application by Commercial Glass & Crane Services Pty Ltd for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose from a disagreement between the company and the Construction, Forestry, Mining and Energy Union (CFMEU) regarding the terms and conditions of employment under the proposed agreement. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, particularly sections concerning the protection of employees' rights, the avoidance of industrial action, and the promotion of harmonious, productive, and cooperative workplace relations. The Commission needed to assess whether the agreement provided fair and reasonable terms for employees and whether it met the criteria for a protected action ballot.

In delivering its decision, the Commission examined the content of the agreement and considered submissions from both parties. The Commission noted that the agreement provided for a fair and reasonable terms of employment, taking into account the needs of both employers and employees. The agreement also contained provisions that promoted harmonious, productive, and cooperative workplace relations, such as dispute resolution mechanisms and provisions for the avoidance of industrial action. The Commission found that the agreement met the statutory criteria for approval and was therefore valid and enforceable.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The Commission determined that the agreement provided fair and reasonable terms for employees and met the criteria for a protected action ballot under 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