Construction, Forestry, Mining and Energy Union

[2013] FWCA 6638

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9095)

FIRST CLASS COOLROOMS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the First Class Coolrooms 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 First Class Coolrooms 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 13 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the First Class Coolrooms Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement in question contained provisions concerning the employment of workers in the construction, forestry, mining, and energy industries. The primary dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement provided for a fair and reasonable terms of employment, whether it was free from improper influence or interference, and whether it complied with the provisions of the Fair Work Act. The court had to determine if the agreement's provisions were consistent with the objects of the Act, including the protection of employees and promotion of workplace relations. The CFMEU argued that the agreement was fair and reasonable, while First Class Coolrooms Pty Ltd contended that certain provisions were not in line with the statutory requirements.

The court examined the agreement's provisions, including those relating to wages, hours of work, and conditions of employment. It considered the balance of rights and obligations, the impact on the parties involved, and the broader implications for the industries covered by the agreement. The court found that the agreement provided for fair and reasonable terms of employment and was free from improper influence or interference. The court also determined that the agreement complied with the statutory requirements of the Fair Work Act. Accordingly, the court approved the agreement.

The court's final orders included the approval of the First Class Coolrooms Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was deemed to be fair and reasonable and in compliance with the Fair Work Act. The court's decision provided clarity on the legal issues surrounding the approval of enterprise agreements and the rights and obligations of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established