Construction, Forestry, Mining and Energy Union

[2013] FWCA 6767

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9202)

FYTOGREEN AUSTRALIA 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 Fytogreen Australia 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 Fytogreen Australia 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 matter before the court involved an application for the approval of a particular enterprise agreement. The parties involved were Fytogreen Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question was the Fytogreen Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission (FWC) was the tribunal that presided over the application.

The legal issues that needed to be resolved by the court included whether the agreement complied with the requirements set out in the Fair Work Act 2009. This involved examining the process through which the agreement was made, whether it covered the correct bargaining units, and if the terms and conditions were fair and reasonable. Additionally, the court had to consider if the agreement met the "better off overall test," which ensures that the employees would be better off under the new agreement than they would have been under the previous agreement or applicable award.

The court found that the agreement was made in accordance with the procedural requirements of the Fair Work Act. The bargaining units were correctly identified, and the agreement covered the appropriate employees. The court also determined that the terms and conditions of the agreement were fair and reasonable, and that the employees would be better off overall under the new agreement. As such, the court approved the enterprise agreement. The FWC's decision to approve the agreement was affirmed, and the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established