Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7022

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9377)

SASS ALUMINIUM PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the SASS Aluminium 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 SASS Aluminium 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 24 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) applied to the Fair Work Commission for approval of the SASS Aluminium Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was opposed by the employer. The dispute involved whether the agreement contained terms that were not reasonably required for the protection of the employees' conditions of employment, and whether the agreement should be approved in the public interest.

The Fair Work Commission was required to determine if the terms in the agreement were necessary for the protection of employees' conditions, and if the agreement was in the public interest. The Commission examined the provisions of the agreement and considered whether they were reasonably required for the protection of employees, and whether they were consistent with the objects of the Fair Work Act. The Commission also considered the potential impact of the agreement on the broader industrial relations system and the public interest.

The Fair Work Commission found that some of the terms in the agreement were not reasonably required for the protection of employees' conditions of employment. However, the Commission also found that the agreement was in the public interest and should be approved. The Commission considered the potential benefits of the agreement for the employees, such as improved pay and conditions, and the potential impact on the broader industrial relations system. The Commission determined that the public interest in approving the agreement outweighed the concerns about the unnecessary terms.

The Fair Work Commission approved the SASS Aluminium Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, subject to certain modifications to remove the terms that were not reasonably required for the protection of employees' conditions of employment. The Commission also made orders to ensure that the agreement would be monitored to ensure compliance with the modified terms.

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