Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6773

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9219)

GARIC ENGINEERING PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Garic Engineering Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Garic Engineering Pty Ltd and the CFMEU Rigger / Steel Erector 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Garic Engineering Pty Ltd applied for approval of an enterprise agreement. The Fair Work Commission (FWC) was the court. The dispute centred on the terms and conditions outlined in the proposed agreement and whether it met the legal standards for approval under the Fair Work Act 2009.

The central issue before the FWC was whether the proposed agreement met the criteria for approval under section 231 of the Fair Work Act. Specifically, the FWC needed to determine if the agreement provided for the proper operation of enterprises, ensured employees were not worse off, and adhered to the better-off-overall test. The FWC also considered if the agreement complied with the provisions concerning employee representation and the avoidance of industrial action.

The FWC evaluated the agreement provisions, considering the economic and operational context of the industries involved. It found that the proposed agreement provided for the proper operation of enterprises, met the better-off-overall test, and ensured employees were not worse off. The FWC also determined that the agreement did not contravene any relevant laws or principles of natural justice. Therefore, the FWC approved the Garic Engineering Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

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