Construction, Forestry, Mining and Energy Union

[2013] FWCA 6264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8623)

ASSOCIATED BUILDERS 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 Associated Builders 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 Associated Builders 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 applicants, Associated Builders Pty Ltd and the Construction, Forestry, Mining and Energy Union, sought approval of the Building and Construction Industry Enterprise Agreement 2011-2015. The application was made to the Fair Work Commission, which exercised its jurisdiction under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, including wages, hours of work, and other conditions of employment, which the applicants sought to have certified as a registered agreement.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements for registration and whether it was in the public interest to approve it. This involved examining the fairness and reasonableness of the terms, ensuring there was no discrimination, and verifying that the agreement met the criteria for registration under the Fair Work Act. The Commission also had to consider whether the agreement would have a detrimental effect on the industrial relations system.

In reaching its decision, the Commission determined that the agreement met all statutory requirements for registration. It found that the agreement was fair and reasonable, contained no discriminatory provisions, and was in the public interest. The Commission highlighted that the agreement provided for a balanced distribution of benefits and responsibilities between employers and employees, and it would contribute positively to the stability of the industry. Based on these findings, the Commission approved the agreement for registration.

The Fair Work Commission approved the Building and Construction Industry Enterprise Agreement 2011-2015 for registration, effective from the date of the decision. The approved agreement will now apply to the parties involved and will be binding on all employees and employers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established