Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6653

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9170)

JTM RENDERING 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 JTM Rendering 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 JTM Rendering 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the JTM Rendering and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application arose from a series of negotiations between the union and the employer, with the agreement aiming to set out the terms and conditions of employment for workers within the specified industries. The core dispute centred on whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the employees it sought to represent.

The central legal issue before the Commission was whether the agreement met the statutory criteria under the Fair Work Act 2009. This involved assessing whether the agreement had been genuinely negotiated, included appropriate protections for employees, and was free from prohibited content. Additionally, the Commission had to determine if the agreement was consistent with the public interest and served the best interests of the employees it was intended to cover.

The Commission found that the agreement largely met the statutory criteria. It was determined that the agreement had been genuinely negotiated between the parties and included necessary protections for employees. While there were some minor issues regarding the classification of certain employees, these did not significantly detract from the overall validity of the agreement. The Commission concluded that the agreement was in the best interests of the employees and did not contain any content that was prohibited by law. As a result, the Commission approved the JTM Rendering and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

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