Construction, Forestry, Mining and Energy Union

[2013] FWCA 7817

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10733)

THE TRUSTEE FOR CSF FACADE UNIT TRUST T/AS CSF FACADE 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 Trustee for CSF Facade Unit Trust T/As CSF Facade 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 Trustee for CSF Facade Unit Trust T/As CSF Facade 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

The applicants, Construction, Forestry, Mining and Energy Union (CFMEU) and The Trustee for CSF Facade Unit Trust T/As CSF Facade Pty Ltd, sought approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission (FWC), which is Australia's independent national workplace relations tribunal. The primary dispute was whether the agreement met the legal criteria for approval under the Fair Work Act 2009 (Cth).

The legal issues revolved around whether the agreement was free from prohibited content, as defined by section 233 of the Fair Work Act. This includes ensuring the agreement did not contain provisions that could lead to unprotected industrial action or that were otherwise contrary to the public interest. Another key issue was whether the agreement had been made in good faith and involved genuine negotiations. Additionally, the court had to determine if the agreement included appropriate mechanisms for resolving disputes between the parties.

In its decision, the FWC concluded that the agreement did not contain any provisions that would lead to unprotected industrial action or were contrary to the public interest. The FWC found that the agreement had been made in good faith and involved genuine negotiations, as evidenced by the detailed records of the bargaining process. The tribunal also determined that the dispute resolution mechanisms in the agreement were adequate. Based on these findings, the FWC approved the agreement.

As a result of the FWC's decision, the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered under the Fair Work Act. This decision sets a precedent for similar agreements in the industry, affirming that well-negotiated agreements with proper dispute resolution mechanisms can be approved by the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established