Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7813

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10724)

MARIQUINO UNIT TRUST (THE TRUSTEE FOR) T/AS MARIQUINO 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 Mariquino Unit Trust (The Trustee For) T/As Mariquino 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 Mariquino Unit Trust (The Trustee For) T/As Mariquino 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 case before the Full Bench of the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the trustee for the Mariquino Unit Trust, trading as Mariquino Pty Ltd. The dispute centred on the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission was required to determine whether the agreement met the criteria for registration and approval under the Fair Work Act 2009.

The primary legal issues before the Court were whether the agreement contained all the required terms and conditions, and if it was made in good faith and without coercion. Additionally, the Court needed to assess whether the agreement complied with the prescribed standards and whether it was in the interests of the employees it was designed to cover. The CFMEU argued that the agreement was comprehensive and beneficial, while Mariquino Pty Ltd contended that certain provisions were problematic and not in the best interests of the company.

In its decision, the Full Bench found that the agreement contained all the necessary terms and conditions and was made in good faith. The Court noted that while some provisions could be improved, they did not undermine the overall fairness and benefit of the agreement. The Commission determined that the agreement met the prescribed standards and was in the interests of the employees it was intended to cover. Consequently, the Court approved the agreement, subject to certain modifications to address the concerns raised by Mariquino Pty Ltd.

The final orders of the Court included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with modifications to specific provisions to ensure compliance with the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and the modifications were to be implemented within a specified timeframe. The Court's decision provided clarity on the requirements for approving enterprise agreements and set a precedent for future disputes in the building and construction industry.

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