Construction, Forestry, Mining and Energy Union

[2013] FWCA 6985

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9351)

TOTAL NOISE CONTROL PTY LTD AND THE CFMEU BUILDING AND 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 Total Noise Control 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 Total Noise Control 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 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

In the matter of the Construction, Forestry, Mining and Energy Union and Total Noise Control Pty Ltd, the Fair Work Commission was presented with an application for the approval of a registered enterprise agreement. The agreement in question was the Total Noise Control Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the procedural requirements for approval and if it contained permissible terms and conditions. Specifically, the Commission needed to determine if the agreement had been fairly and properly made and if the terms were within the scope of the allowable matters stipulated by the Fair Work Act. This included examining the process of bargaining, the scope of the agreement, and the substantive content of the agreement in relation to the Fair Work Act.

The Fair Work Commission, after reviewing the evidence and submissions, concluded that the agreement was made in accordance with the requirements of the Fair Work Act. The Commission found that the bargaining process was fair and that the agreement contained terms and conditions that were within the scope of the allowable matters. The Commission approved the enterprise agreement, noting that it met the necessary criteria for registration and enforcement. This decision provided clarity on the procedural and substantive requirements for enterprise agreements in the building and construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established