Construction, Forestry, Mining and Energy Union

[2013] FWCA 6771

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9210)

FINN FAMILY TRUST T/AS KINGDOM CONSTRUCTIONS GROUP 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 Finn Family Trust T/As Kingdom Constructions Group 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 Finn Family Trust T/As Kingdom Constructions Group 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 by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Finn Family Trust trading as Kingdom Constructions Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The CFMEU sought approval of the agreement under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The dispute centred on whether the agreement complied with the statutory requirements and provided for fair and reasonable terms for employees.

The court was required to determine whether the enterprise agreement met the criteria set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was appropriately certified by the Fair Work Commission. The court also had to consider whether the agreement was in the best interests of the employees and whether it complied with other relevant legislative requirements. Additionally, the court needed to assess whether there were any procedural flaws in the application process that could render the agreement invalid.

The court examined the provisions of the agreement and the evidence provided by both parties. It found that the agreement did not meet the statutory requirements for approval. The court identified several shortcomings, including that the agreement did not adequately provide for fair and reasonable terms for employees and that it did not comply with certain legislative provisions. The court also noted procedural issues with the application process, which contributed to the decision not to approve the agreement. Consequently, the court dismissed the CFMEU's application for approval of the enterprise agreement.

The court's decision was final and binding, and the application for approval of the Finn Family Trust T/As Kingdom Constructions Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was dismissed. The court did not grant the approval sought by the CFMEU and directed that the agreement remain non-approved. This outcome ensured that the statutory requirements for enterprise agreements were upheld, protecting the interests of employees and maintaining compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established