Construction, Forestry, Mining and Energy Union

[2013] FWCA 6227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8611)

BJ ROBERTSON HOLDINGS 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 BJ Robertson Holdings 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 BJ Robertson Holdings 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 Construction, Forestry, Mining and Energy Union (CFME) sought approval of the BJ Robertson Holdings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission. The dispute arose because the applicant union claimed the agreement was a lawful agreement under the Fair Work Act 2009 (Cth) and sought an order approving the agreement. The employer, BJ Robertson Holdings Pty Ltd, contested the application on the basis that the agreement was not a lawful agreement because it contained a term that was inconsistent with the provisions of the Act.

The court had to determine whether the agreement was a lawful agreement under the Fair Work Act 2009 (Cth). The court considered whether the agreement contained a term that was inconsistent with the Act. The court considered the nature of the term, whether it was contrary to a provision of the Act, and whether the term was necessary for the operation of the agreement. The court also considered the effect of the term on the parties and whether the term was reasonably required for the protection of the employees.

The court held that the agreement was a lawful agreement under the Fair Work Act 2009 (Cth). The court found that the term in question was not contrary to a provision of the Act and was necessary for the operation of the agreement. The court also found that the term was reasonably required for the protection of the employees. The court approved the agreement, and the employer was ordered to give effect to the agreement.

No further orders were made by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established