Construction, Forestry, Mining and Energy Union

[2013] FWCA 7520

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9532)

DRT PTY LTD AND THE CFMEU CIVIL 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 DRT Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the DRT Pty Ltd and the CFMEU Civil 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 matter before the court was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the DRT Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The dispute arose out of the negotiation and proposed implementation of the enterprise agreement, which sought to govern the terms and conditions of employment for workers in the civil construction industry. The application was heard by the Fair Work Commission (FWC) in Australia.

The primary legal issue the FWC was required to determine was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement complied with the procedural and substantive requirements set forth in the Act, including the need for genuine bargaining, coverage of the agreement, and adherence to minimum entitlements and rights of employees. The FWC also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it.

In rendering its decision, the FWC examined the evidence presented by both parties, including the negotiation process, the content of the agreement, and the views of the employees. The FWC found that the agreement had been genuinely bargained and that it covered the intended scope of the civil construction industry. The court also determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the interests of both employers and employees. Consequently, the FWC approved the DRT Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, subject to certain conditions and modifications.

The final orders of the FWC included the approval of the enterprise agreement, with specific modifications to certain clauses to address concerns raised during the hearing. The court also imposed conditions on the agreement, such as the requirement for ongoing consultation between the parties and the establishment of a dispute resolution mechanism to address any future disagreements. The FWC's decision provided certainty and clarity for both employers and employees in the civil construction industry, ensuring that the terms and conditions of employment were fair, reasonable, and in compliance with the applicable legal framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established