Construction, Forestry, Mining and Energy Union

[2013] FWCA 7293

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9446)

INPRO INDUSTRIES UNIT TRUST T/AS INPRO INDUSTRIES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Inpro Industries Unit Trust T/As Inpro Industries 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 Inpro Industries Unit Trust T/As Inpro Industries 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 30 September 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 matter of the Construction, Forestry, Mining and Energy Union, an application was made to the Fair Work Commission for the approval of the Inpro Industries Unit Trust trading as Inpro Industries Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred on whether the terms and conditions outlined in the enterprise agreement were fair and reasonable, given the economic climate and the specific industry context. The Fair Work Commission was tasked with determining the merits of the agreement and its compliance with relevant industrial laws.

The legal issues before the Commission involved assessing the fairness and reasonableness of the agreement, taking into account the interests of both the employer and the employees. This included evaluating the bargaining power of the parties, the proportionality of the terms, and the overall impact on the industrial relations environment. The Commission had to consider various statutory provisions, including those related to good faith bargaining, the public interest, and the promotion of harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement was fair and reasonable, taking into account the context of the industry and the economic conditions at the time. The terms and conditions were considered to be proportionate and balanced, reflecting the bargaining power of both parties. The Commission concluded that the agreement would not have an adverse effect on the broader industrial relations environment and that it promoted harmonious, productive, and cooperative workplace relations. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the Inpro Industries Unit Trust trading as Inpro Industries Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with specific conditions to ensure ongoing compliance with industrial laws. This decision provided clarity and certainty for the parties involved and reinforced the importance of fair and reasonable agreements in the industrial relations framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established