Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7295

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9453)

SHAMROCK REO PTY LTD AND THE CFMEU CIVIL 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 Shamrock Reo 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 Shamrock Reo 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 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Shamrock Reo Pty Ltd and CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the terms of the agreement were consistent with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. In particular, the Commission considered whether the agreement complied with the requirements for enterprise agreements, including the necessity to address the minimum entitlements of employees.

The Commission noted that the agreement contained provisions that were compliant with the Fair Work Act. However, it identified several issues that needed to be rectified to ensure full compliance. These included the need to address the minimum entitlements of employees, particularly in relation to penalty rates and leave provisions. The Commission directed the parties to make necessary amendments to the agreement to address these issues. Once the required changes were made, the agreement was approved by the Commission.

Following the necessary amendments, the Fair Work Commission approved the Shamrock Reo Pty Ltd and CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The Commission directed that the agreement would be registered and become a registered agreement upon the Commission’s approval. This outcome ensured that the agreement met all legislative requirements and would provide a fair and effective framework for the employment relationship between the parties.

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