Construction, Forestry, Mining and Energy Union

[2013] FWCA 7808

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10696)

J & J BUILDING 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, 8 OCTOBER 2013

Application for approval of the J & J Building 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 J & J Building 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 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union, acting on behalf of its members, applied for the approval of the J & J Building Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This application arose from the negotiation process between the union and the employer, with the union seeking to have the enterprise agreement approved under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the formal requirements for approval, including whether it contained the mandatory terms as required by the Fair Work Act, and whether it was free from any invalid provisions that could render it unenforceable. Additionally, the Commission had to consider whether the agreement was made in the absence of protected industrial action, and whether it provided for a fair and efficient workplace.

The Commission found that the enterprise agreement was largely compliant with the statutory requirements and contained all the mandatory terms stipulated by the Act. It was determined that the agreement was made without any protected industrial action and provided for a fair and efficient workplace. Consequently, the Commission approved the agreement, finding that it met all the necessary criteria under the Fair Work Act. As a result, the agreement was to be registered and would operate as a registered agreement, binding both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established