Construction, Forestry, Mining and Energy Union

[2013] FWCA 6635

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9094)

CONSOLIDATED BUILDING SERVICES VICTORIA TRUST T/AS CONSOLIDATED BUILDING SERVICES VICTORIA 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 Consolidated Building Services Victoria Trust T/As Consolidated Building Services Victoria 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 Consolidated Building Services Victoria Trust T/As Consolidated Building Services Victoria 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

Consolidated Building Services Victoria Trust T/As Consolidated Building Services Victoria Pty Ltd applied to the Fair Work Commission for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union opposed the application. The dispute centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly regarding its coverage and procedural fairness.

The court had to determine whether the enterprise agreement was validly made and approved, considering the coverage of the agreement and the procedural fairness of the application process. A key issue was whether the agreement was made with appropriate employee representation and whether the application process followed the correct procedures.

The court examined the evidence and submissions from both parties. It found that the agreement was validly made and approved, with proper employee representation and a fair application process. The court noted that the agreement covered a broad range of employees and was consistent with the Fair Work Act's requirements. The court approved the application, finding that the agreement met the necessary legal standards.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, confirming its validity and compliance with 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