Construction, Forestry, Mining and Energy Union

[2013] FWCA 6229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8615)

CS STEELFIXING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the CS Steelfixing 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 CS Steelfixing 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 6 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 before the Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the CS Steelfixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the enforceability and validity of the terms of the enterprise agreement, specifically focusing on the procedural fairness in the negotiation and execution of the agreement. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues that the Commission needed to resolve included whether the agreement was genuinely bargained for between the parties and whether it was made in accordance with the procedural requirements outlined in the Fair Work Act. Key among these was the question of whether there was any procedural unfairness that might vitiate the agreement. The Commission examined the conduct of the parties during the negotiation process and the execution of the agreement to ascertain if there were any breaches of the procedural requirements.

In assessing the fairness of the negotiation process, the Commission considered the conduct of both the employer and the union. It was found that there were no instances of coercion, duress, or any other form of unfair labour practice that would render the agreement invalid. The Commission concluded that the agreement was fairly negotiated and that there was no procedural unfairness that would vitiate the agreement. The Commission's decision was based on the evidence presented and the adherence to the statutory requirements, ultimately leading to the approval of the enterprise agreement.

The Fair Work Commission approved the CS Steelfixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding it to be valid and enforceable. The Commission's approval was contingent upon the agreement being registered with the Fair Work Commission and the terms being adhered to by both parties. This decision affirmed the legitimacy of the enterprise agreement and set a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established