Construction, Forestry, Mining and Energy Union

[2013] FWCA 6654

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9171)

C & DM BALABUROVA 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 C & DM Balaburova 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 C & DM Balaburova 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 case of Construction, Forestry, Mining and Energy Union, the applicants sought approval for the C & DM Balaburova Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the agreement provided for a genuine enterprise bargaining agreement, as required by section 227 of the Act. Specifically, the Commission had to assess whether the agreement covered a single enterprise, whether it was made in good faith, and whether it included appropriate provisions for dispute resolution.

The Fair Work Commission meticulously reviewed the agreement, taking into account the specific conditions and stipulations outlined in the Fair Work Act. The Commission examined the definition of 'enterprise' and whether the agreement genuinely represented the interests of a single enterprise. Furthermore, the Commission assessed the process through which the agreement was negotiated, ensuring it was conducted in good faith. The Commission also scrutinized the dispute resolution mechanisms within the agreement, confirming they were adequate and appropriate. Ultimately, the Commission concluded that the agreement satisfied the statutory criteria, as it covered a single enterprise, was made in good faith, and included appropriate dispute resolution provisions.

In light of its findings, the Fair Work Commission approved the C & DM Balaburova Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission determined that the agreement complied with the requirements of the Fair Work Act and was therefore valid. The decision affirmed the legitimacy of the bargaining process and the terms negotiated, providing a framework for the employment conditions within the specified enterprise. The approval ensures that the agreement will govern the working conditions and terms of employment between the parties, subject to the oversight and enforcement mechanisms provided by 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