Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7815

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10729)

WALLS STEEL FABRICATIONS PTY LTD & THE TRUSTEE FOR WALLS/MCPHEE TRUST T/AS JW SITE WORKS AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 OCTOBER 2013

Application for approval of the Walls Steel Fabrications Pty Ltd & The Trustee for Walls/McPhee Trust T/As JW Site Works and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Walls Steel Fabrications Pty Ltd & The Trustee for Walls/McPhee Trust T/As JW Site Works and the CFMEU Rigger / Steel Erector 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 matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Walls Steel Fabrications Pty Ltd, along with the Trustee for Walls/McPhee Trust trading as JW Site Works. The dispute centred around the application for approval of the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009 for registration and approval.

The primary legal issues before the Commission were whether the agreement was a good faith bargain and if it complied with the provisions of the Act, including the requirement for it to be free from any provisions that might undermine the operation of a business. The Commission had to assess the submissions from both parties and consider the broader implications of the agreement on the employees, employers, and the industry.

In its decision, the Commission found that the agreement was a genuine attempt at good faith bargaining. It noted that while there were some contentious issues, the overall terms of the agreement reflected a reasonable balance between the interests of the employees and employers. The Commission concluded that the agreement did not include any provisions that would undermine the operation of a business and was thus compliant with the Fair Work Act. Consequently, the application for approval was upheld, and the agreement was registered.

The Commission ordered that the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act. This decision provided clarity and certainty for the parties involved, ensuring that the agreement could be implemented as intended.

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