Construction, Forestry, Mining and Energy Union

[2013] FWCA 7298

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9471)

ELITE COMMERCIAL FIXING 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 Elite Commercial Fixing 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 Elite Commercial Fixing 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for the approval of the Elite Commercial Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under section 234 of the Fair Work Act 2009. The primary dispute centred around whether the agreement met the legal standards for approval and whether it complied with the provisions of the Fair Work Act.

The legal issues before the court involved determining whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it was free from prohibited content, and if it adhered to the procedural requirements for approval. Specifically, the court had to examine whether the agreement was genuinely a bargain between the parties and whether it contained any terms that could be considered unfair or unreasonable.

The Fair Work Commission found that the agreement was comprehensive and met all the mandatory requirements of the Act. It contained all necessary terms, was free from prohibited content, and was a genuine bargain between the parties. The commission also noted that the agreement had been negotiated in good faith and was procedurally sound. Consequently, the application for approval was granted, and the agreement was deemed compliant with the Fair Work Act.

The court ordered that the Elite Commercial Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved as a registered agreement under section 176 of the Fair Work Act. This decision ensures that the terms of the agreement will govern the employment conditions of the workers covered by the agreement, providing them with a legally recognised framework for their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established