Construction, Forestry, Mining and Energy Union

[2013] FWCA 7822

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10740)

RIP IT UP EXCAVATIONS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 OCTOBER 2013

Application for approval of the Rip It Up Excavations Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Rip It Up Excavations Pty Ltd and the CFMEU Civil 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 15 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

In the matter of an application for approval of the Rip It Up Excavations Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission was tasked with determining whether the agreement met the requisite criteria for approval under the Fair Work Act 2009. The applicant union sought to have the agreement, which outlined terms and conditions of employment for workers in the civil construction industry, endorsed by the Commission. The application was opposed by Rip It Up Excavations Pty Ltd, which raised several objections regarding the agreement's compliance with statutory requirements.

The primary legal issues before the Commission involved assessing whether the agreement was a "registered agreement" as defined in the Fair Work Act and whether it had been fairly negotiated and met the necessary standards for approval. The applicant union argued that the agreement was a bona fide attempt to regulate the relationship between employers and employees in the industry, while the opposing party contended that certain provisions were unfair and not genuinely negotiated.

In delivering its decision, the Commission examined the negotiation process and the content of the agreement. It considered whether the agreement met the threshold for "genuine agreement" and if it contained all the mandatory terms prescribed by the Fair Work Act. The Commission found that the negotiation process was compliant and that the agreement contained all necessary mandatory terms. Despite the objections raised by the respondent, the Commission concluded that the agreement was a genuine attempt to regulate employment conditions and was fairly negotiated. The Commission approved the agreement, finding that it met the statutory requirements for registration.

The Fair Work Commission approved the Rip It Up Excavations Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015, thereby registering it under the Fair Work Act. This decision established the agreement as a legally binding framework for employment conditions within the civil construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established