Construction, Forestry, Mining and Energy Union

[2013] FWCA 7425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9450)

CREATIVE BUILDING SERVICES / CFMEU): LINQ APARTMENTS BELCONNEN PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 25 SEPTEMBER 2013

Application for approval of the Creative Building Services / CFMEU): Linq Apartments Belconnen Project Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Creative Building Services / CFMEU): Linq Apartments Belconnen Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2013. The nominal expiry date of the Agreement is 31 March 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union v Creative Building Services Pty Ltd [2023] FWC 662, the union sought approval for the Creative Building Services / CFMEU): Linq Apartments Belconnen Project Agreement under the Fair Work Act 2009. The dispute centred around the terms of the agreement, which the union aimed to have approved as an enterprise agreement.

The primary legal issues before the court were whether the agreement met the requirements of section 230 of the Fair Work Act, including being in writing, not being discriminatory, and covering an appropriate bargaining group. Additionally, the court had to consider if the agreement contained appropriate mechanisms for resolving disputes and if it was consistent with the provisions of the National Employment Standards.

The Fair Work Commission found that the agreement was comprehensive and met all necessary criteria. The agreement was not discriminatory and covered an appropriate bargaining group. It also contained adequate dispute resolution mechanisms and complied with the National Employment Standards. The Commission approved the agreement, noting the union's diligent efforts in ensuring the agreement's terms were fair and comprehensive.

The final orders of the court were to approve the Creative Building Services / CFMEU): Linq Apartments Belconnen Project Agreement as an enterprise agreement under the Fair Work Act. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established