Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6651

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9148)

MELBOURNE STRUCTURAL SERVICES PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Melbourne Structural Services Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Structural Services Pty Ltd and the CFMEU Rigger / Steel Erector 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Melbourne Structural Services Pty Ltd. The dispute centred around the approval of the Enterprise Agreement between the two parties for the period 2011-2015. The Fair Work Commission was the tribunal responsible for hearing the matter.

The legal issues before the court involved the compliance of the Enterprise Agreement with the Fair Work Act 2009, specifically whether the agreement met the criteria for registration and approval. The court had to assess if the agreement provided for proper minimum wages and conditions, whether it was free from any illegality, and if it had been genuinely negotiated between the parties. Additionally, the court examined whether the agreement contained any provisions that might be deemed unfair or unjust.

The court examined the provisions of the agreement and found that it complied with the Fair Work Act 2009. The agreement provided for minimum wages and conditions, was free from any illegality, and had been genuinely negotiated between the parties. The court also determined that none of the provisions were unfair or unjust, and therefore, the agreement met the criteria for approval. Consequently, the court granted approval for the Enterprise Agreement between Melbourne Structural Services Pty Ltd and the CFMEU for the period 2011-2015.

The court ordered that the Melbourne Structural Services Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act 2009. This decision provided certainty and stability to the parties involved and allowed the agreement to take effect as intended.

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