Construction, Forestry, Mining and Energy Union

[2013] FWCA 6770

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9209)

INFINITY CONSTRUCTIONS GROUP PTY LTD AND THE CFMEU ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Infinity Constructions Group Pty Ltd and the CFMEU Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Infinity Constructions Group Pty Ltd and the CFMEU 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

In the recent case, Construction, Forestry, Mining and Energy Union, the dispute involved the application for approval of the Infinity Constructions Group Pty Ltd and the CFMEU Enterprise Agreement 2011-2015. The case was heard by the Fair Work Commission, a federal body responsible for the resolution of workplace disputes in Australia. The union sought to have the enterprise agreement, which outlined the terms and conditions of employment for workers in the construction, forestry, mining, and energy sectors, approved by the Commission.

The primary legal issue that the Commission had to decide was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. This section mandates that an enterprise agreement must provide for fair and reasonable terms and conditions of employment and be free from any content that would be detrimental to the operation of a fair and efficient workplace. Additionally, the Commission had to consider whether the agreement met the procedural requirements set out in the Act, such as the negotiation process and the provision of necessary information to employees.

The Commission found that the agreement met the substantive requirements of section 231. The terms and conditions of employment were deemed fair and reasonable, and the agreement did not contain any provisions that would be detrimental to a fair and efficient workplace. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and that the necessary information had been provided to employees. As a result, the Commission approved the enterprise agreement.

The Commission's approval of the enterprise agreement signifies an important outcome for both the union and the employer, as it provides a framework for the fair and efficient operation of the workplace. The decision also highlights the importance of ensuring that enterprise agreements meet the legal requirements set out in the Fair Work Act, as failure to do so could result in the agreement being rejected by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established