Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6632

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9087)

BRICKERS CONSTRUCTIONS 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 Brickers Constructions 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 Brickers Constructions 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

The case involved an application for the approval of the Brickers Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009 (Cth). The primary dispute was over the terms and conditions of employment as outlined in the enterprise agreement, specifically focusing on whether the agreement met the requirements for approval under the legislation.

The legal issues the court had to decide included whether the enterprise agreement satisfied the statutory criteria for approval, such as if it provided for fair and equitable terms and conditions, and if it met the procedural requirements. Additionally, the court had to determine if the agreement was consistent with the Fair Work Act's objectives, including the protection of employees' rights and the promotion of industrial peace.

The FWC found that the enterprise agreement met the necessary criteria for approval. The agreement provided for terms and conditions that were fair and equitable, and the procedures for its negotiation and execution were compliant with the legislative requirements. The FWC also concluded that the agreement aligned with the objectives of the Fair Work Act, including the protection of employees' rights and the facilitation of harmonious industrial relations. The court approved the enterprise agreement, thereby resolving the dispute in favour of the applicant.

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