Construction, Forestry, Mining and Energy Union

[2013] FWCA 6986

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9352)

PORTER FAMILY TRUST T/AS AUSSIE ALL ROUND EARTHWORKS AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the Porter Family Trust T/As Aussie All Round Earthworks 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 Porter Family Trust T/As Aussie All Round Earthworks 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 23 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 matter before the Fair Work Commission involved an application for approval of the Porter Family Trust Trading as Aussie All Round Earthworks and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the terms and conditions of the enterprise agreement, including pay rates, entitlements, and working conditions within the civil construction industry. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and was in the best interests of the employees and employers.

The central legal issues before the Commission included whether the agreement provided for the protection of employees' rights and conditions, and whether it was fair and reasonable in all its terms. The Commission also had to consider if the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it would promote harmonious, productive, and cooperative workplace relations. Furthermore, the Commission examined whether the agreement contained any provisions that were contrary to public policy or would have an adverse effect on the economy.

In reaching its decision, the Fair Work Commission thoroughly reviewed the agreement and heard submissions from both the applicant union and the employer. The Commission found that the agreement provided adequate protection for employees' rights and conditions and was fair and reasonable in all its terms. It concluded that the agreement complied with the statutory requirements and would promote harmonious, productive, and cooperative workplace relations. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or would have an adverse effect on the economy.

As a result, the Fair Work Commission approved the Porter Family Trust Trading as Aussie All Round Earthworks and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. This decision provided clarity and certainty for both employers and employees within the civil construction industry, ensuring that the agreement met the statutory requirements and was in the best interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established