Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7518

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9515)

THE PETRONE INVESTMENT TRUST T/AS M & N STEEL FIXING 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 Petrone Investment Trust T/As M & N Steel Fixing 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 Petrone Investment Trust T/As M & N Steel Fixing 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

The Petrone Investment Trust T/As M & N Steel Fixing Pty Ltd applied to the Fair Work Commission for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union opposed the application, arguing that the agreement did not meet the requirements of section 234 of the Fair Work Act 2009 (Cth). The Fair Work Commission was tasked with determining whether the agreement complied with the legal standards set out in the Fair Work Act.

The key legal issue before the Commission was whether the agreement met the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must provide for the fair and reasonable resolution of disputes between the parties. The Commission needed to assess the mechanisms for dispute resolution outlined in the agreement to determine if they were adequate and appropriate. Additionally, the Commission considered whether the agreement contained terms that were contrary to public policy, as stipulated in section 45 of the Fair Work Act.

In reaching its decision, the Commission examined the dispute resolution provisions within the agreement. The Commission noted that the agreement included provisions for conciliation and arbitration through the Fair Work Commission, which aligned with the requirements of section 234. Furthermore, the Commission found that the agreement did not contain any terms that were contrary to public policy. Consequently, the Commission approved the agreement, determining that it complied with the necessary legal standards and provided for the fair and reasonable resolution of disputes between the parties.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding that it met the requirements of the Fair Work Act and contained appropriate dispute resolution mechanisms. The Commission's decision confirmed the validity of the agreement and its compliance with the statutory framework governing enterprise agreements.

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