Construction, Forestry, Mining and Energy Union

[2013] FWCA 7517

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9514)

CX3 UNIT TRUST T/AS MONOSPRAY AUSTRALIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the CX3 Unit Trust T/As Monospray Australia 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 CX3 Unit Trust T/As Monospray Australia 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 7 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

In the case of the Construction, Forestry, Mining and Energy Union, the applicant sought approval of the CX3 Unit Trust trading as Monospray Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission, the respondent in this matter, was asked to consider the application and determine whether the enterprise agreement met the necessary requirements for approval. The dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009, specifically sections 233 and 234, which outline the criteria for approving such agreements.

The primary legal issues before the court were whether the enterprise agreement was genuinely negotiated and whether it contained the necessary minimum terms as prescribed by the Act. Additionally, the court needed to determine whether the agreement complied with the procedural requirements set out in the Fair Work Regulations 2009. The applicant argued that the agreement had been genuinely negotiated and contained all the required minimum terms, while the respondent raised concerns about the negotiation process and certain provisions within the agreement.

In reaching its decision, the Fair Work Commission carefully examined the evidence and arguments presented by both parties. The Commission found that the agreement had indeed been genuinely negotiated between the parties and contained all the necessary minimum terms. The Commission also determined that the agreement complied with the procedural requirements of the Fair Work Regulations. Consequently, the court approved the enterprise agreement, recognising its compliance with the statutory framework.

As a result of the court's decision, the CX3 Unit Trust trading as Monospray Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 were approved. The agreement now serves as a legally binding contract between the parties, governing the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established