Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7811

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10702)

MERIDIAN CONCRETE VIC 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 Meridian Concrete Vic 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 Meridian Concrete Vic 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Meridian Concrete Vic Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission (FWC), with the matter being determined by Commissioner Wilson. The primary dispute involved the terms and conditions of the proposed enterprise agreement, specifically whether it complied with relevant industrial laws and provided adequate protections for employees.

The legal issues before the Commission centred on the compliance of the proposed enterprise agreement with the Fair Work Act 2009. The Commission was required to assess whether the agreement met the criteria for approval under the Act, including whether it was free from prohibited content, provided for a fair and efficient workplace, and was in the best interests of the employees. The CFMEU argued that the agreement was compliant and beneficial to employees, while Meridian Concrete Vic Pty Ltd contended that certain provisions were not in line with the statutory requirements.

Commissioner Wilson determined that the proposed agreement was largely compliant with the Fair Work Act. The agreement was found to be free from prohibited content and provided for a fair and efficient workplace. The Commissioner concluded that the agreement was in the best interests of the employees, considering the overall benefits it offered. The minor issues identified were resolved through amendments to the agreement, leading to the approval of the enterprise agreement.

The Fair Work Commission approved the Meridian Concrete Vic Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with certain amendments to address the minor issues identified during the assessment. The decision confirmed that the agreement met the necessary criteria for approval under the Fair Work Act 2009 and provided for fair and efficient workplace terms and conditions.

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