Construction, Forestry, Mining and Energy Union

[2013] FWCA 6765

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9181)

MLC CONCRETE CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 11 SEPTEMBER 2013

Application for approval of the MLC Concrete Constructions 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 MLC Concrete Constructions 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 18 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 for the MLC Concrete Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This was done through the Fair Work Commission, which was the relevant tribunal for this matter. The dispute arose from the application to have the agreement declared as a registered agreement under the Fair Work Act 2009. The application was contested by MLC Concrete Constructions Pty Ltd, which raised objections regarding the proposed terms and the process of agreement.

The primary legal issues the Commission needed to address were whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether the agreement was made in good faith and without any coercion. Additionally, the Commission had to consider if the process of agreement formation was appropriate and if the agreement contained terms that were fair and reasonable.

The Fair Work Commission determined that the agreement was made in good faith, free from coercion, and complied with the procedural requirements under the Fair Work Act 2009. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the interests of both employers and employees. The Commission concluded that the agreement met the necessary criteria and approved the application for registration. The Fair Work Commission's decision was based on the evidence presented and the application of relevant legal principles.

As a result of the Commission's decision, the MLC Concrete Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered as a lawful agreement under the Fair Work Act 2009. The parties were bound by the terms of the agreement, which would govern their employment relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established