Construction, Forestry, Mining and Energy Union

[2013] FWCA 6639

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9100)

HALLINAN FAMILY TRUST (THE TRUSTEE FOR) T/AS NORTHERN MASONRY PTY LTD AND THE CFMEU CIVIL 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 Hallinan Family Trust (The Trustee for) T/As Northern Masonry Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Hallinan Family Trust (The Trustee for) T/As Northern Masonry Pty Ltd and the CFMEU Civil 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 parties involved in the case were the Hallinan Family Trust, trading as Northern Masonry Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 by the Fair Work Commission. The matter was heard by the Federal Court of Australia.

The legal issues before the court included whether the agreement was genuinely negotiated between the parties and whether it contained appropriate dispute resolution mechanisms. Additionally, the court had to determine if the agreement complied with the statutory requirements under the Fair Work Act 2009. The primary concern was the procedural fairness in the negotiation process and the fairness of the terms of the agreement.

The court held that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. The court found that the negotiation process was procedurally fair, and the terms of the agreement were fair. The court also determined that the agreement complied with the statutory requirements under the Fair Work Act 2009. Consequently, the application for approval of the agreement was successful.

The court approved the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, subject to the parties' compliance with the statutory requirements under the Fair Work Act 2009. The court also directed the parties to provide regular updates on their compliance with the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established