Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6633

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9090)

JANI CHIRAG T/AS ANJANEY BUILDING SERVICES 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 Jani Chirag T/As Anjaney Building Services 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 Jani Chirag T/As Anjaney Building Services 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 matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Jani Chirag trading as Anjaney Building Services. The dispute pertained to the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission was the court that addressed this matter. The Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009, considering the criteria set out in the legislation.

The primary legal issues revolved around whether the agreement met the requirements for approval as stipulated in the Fair Work Act. Specifically, the Commission had to assess if the agreement was in the interests of employees and employers, whether it provided for the fair and reasonable determination of terms and conditions of employment, and whether it complied with the provisions concerning unfair dismissal, parental leave, and redundancy pay. Additionally, the Commission needed to consider whether the agreement was consistent with the Fair Work (Building and Construction) Award 2010 and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the agreement largely met the statutory requirements for approval. It concluded that the agreement was in the interests of both employees and employers, as it provided for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement was consistent with the Fair Work (Building and Construction) Award 2010 and that it complied with the statutory provisions regarding unfair dismissal, parental leave, and redundancy pay. After careful consideration of the evidence and submissions, the Commission approved the agreement, finding it met the necessary criteria under the Fair Work Act.

The Commission's final order was to approve the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. This approval signified that the agreement could be registered with the Fair Work Ombudsman and would govern the employment terms and conditions for the relevant employees within the building and construction industry.

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