Construction, Forestry, Mining and Energy Union

[2013] FWCA 7816

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10731)

KEECH & ASSOCIATES PTY LTD T/AS KEECH FENCING 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 Keech & Associates Pty Ltd T/As Keech Fencing 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 Keech & Associates Pty Ltd T/As Keech Fencing 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 case involves an application for approval of a particular enterprise agreement between Keech & Associates Pty Ltd, trading as Keech Fencing, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was heard and determined by the Fair Work Commission, an Australian industrial relations tribunal. The CFMEU sought approval for the Building and Construction Industry Enterprise Agreement 2011-2015, which outlined terms and conditions of employment for workers within the building and construction industry. The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement contained all the required minimum terms and conditions, and whether it had been fairly negotiated and made in good faith.

In examining the application, the Commission assessed whether the agreement satisfied the legislative requirements for minimum terms and conditions, such as minimum wages, penalties for unauthorised work, and provisions for employee entitlements. The Commission also considered whether the agreement had been genuinely negotiated between the parties and made in good faith. The CFMEU argued that the agreement was fairly negotiated and contained provisions that were consistent with industry standards. Keech & Associates Pty Ltd, on the other hand, contested the negotiation process and the fairness of certain provisions.

The Fair Work Commission found that the agreement met the statutory requirements for minimum terms and conditions, and that it had been genuinely negotiated and made in good faith. The Commission highlighted that the agreement contained provisions that were consistent with industry standards and were negotiated through a process that involved genuine consultation between the parties. Accordingly, the Commission approved the Building and Construction Industry Enterprise Agreement 2011-2015. The approval ensures that the terms and conditions of employment for workers in the building and construction industry are regulated by the agreed-upon provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established