Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7807

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10693)

MCS ENTERPRISES 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 MCS Enterprises 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 MCS Enterprises 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

The case between the Construction, Forestry, Mining and Energy Union (CFMEU) and MCS Enterprises Pty Ltd involved an application for approval of the Civil Construction Industry Enterprise Agreement 2011-2015. The CFMEU sought approval for the agreement on behalf of its members who were employees of MCS Enterprises. The application was heard in the Fair Work Commission, which has jurisdiction over matters relating to enterprise agreements under Australian labour law.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in accordance with the statutory process for enterprise agreements and if it contained terms that were fair and reasonable. The Commission also had to consider whether the agreement provided for proper representation of the employees and if it adhered to the relevant provisions of the Act.

The Fair Work Commission found that the agreement met the necessary procedural requirements as it was made following the proper consultation and negotiation processes. The Commission noted that the agreement contained terms that were fair and reasonable, taking into account the nature of the industry, the economic circumstances, and the need to promote harmonious, productive, and cooperative workplace relations. The Commission was satisfied that the agreement provided for adequate representation of the employees and that it complied with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the Civil Construction Industry Enterprise Agreement 2011-2015.

The Fair Work Commission's decision was that the application for approval of the Civil Construction Industry Enterprise Agreement 2011-2015 by the CFMEU on behalf of its members who were employees of MCS Enterprises Pty Ltd was approved. The Commission's approval of the agreement meant that it would be registered and enforceable under the Fair Work Act, providing a framework for the terms and conditions of employment for the relevant employees during the specified period.

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