Construction, Forestry, Mining and Energy Union

[2013] FWCA 7290

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9437)

MELBOURNE INSTALLERS 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 Melbourne Installers 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 Melbourne Installers 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

The case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Melbourne Installers Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement sought to set the terms and conditions of employment for employees within the specified industry. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and the Fair Work Commission's policy objectives.

The legal issues before the Commission encompassed the interpretation and application of the relevant sections of the Fair Work Act, particularly sections 226 and 230, which pertain to the approval of enterprise agreements. The Commission had to determine whether the agreement was a "good faith" agreement, whether it included the mandatory bargaining items, and if it met the "better off overall test" by ensuring that no employee was worse off. Additionally, the Commission needed to consider whether the agreement aligned with the Fair Work Commission's policy objectives, which include promoting higher wages and better conditions.

In deliberating on these issues, the Commission examined the process of bargaining and whether it was conducted in good faith. It considered the terms and conditions of the agreement, the impact on employees, and whether the agreement achieved a balance between the interests of employers and employees. Ultimately, the Commission found that the agreement was made in good faith and satisfied the mandatory bargaining requirements. The Commission also determined that the agreement met the better off overall test, as it did not leave any employee worse off and included provisions that aligned with the policy objectives of the Fair Work Commission. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Melbourne Installers Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from 1 July 2011 to 30 June 2015. This decision underscores the importance of adhering to the statutory requirements and principles of good faith bargaining in the approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established