Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8484)

PRIMERANO, SALVATORE FRANCESCO T/AS LUCKATORE CONCRETE AND PUMPING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 23 AUGUST 2013

Application for approval of the Primerano, Salvatore Francesco T/As Luckatore Concrete and Pumping 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 Primerano, Salvatore Francesco T/As Luckatore Concrete and Pumping 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 30 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Primerano, Salvatore Francesco T/As Luckatore Concrete and Pumping and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Luckatore Concrete and Pumping, is a small concrete pumping business, while the respondent, the Construction, Forestry, Mining and Energy Union (CFMEU), is a trade union representing construction workers. The dispute arose over the terms of the enterprise agreement, which was proposed to cover the employees of Luckatore Concrete and Pumping. The matter was heard by the Fair Work Commission of Australia.

The primary legal issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the procedural requirements, including the mandatory provisions of the Fair Work Act, and if it was made in good faith and without coercion. The court also needed to consider whether the agreement was in the best interests of the employees and whether it provided fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the enterprise agreement met all the necessary requirements for approval. The court held that the agreement was made in good faith, without coercion, and contained provisions that were fair and reasonable. The agreement included terms and conditions of employment that were no less favourable than the relevant awards and provided for the appropriate balance between the interests of the employer and the employees. The court was satisfied that the agreement would serve the best interests of the employees of Luckatore Concrete and Pumping.

In conclusion, the Fair Work Commission approved the Primerano, Salvatore Francesco T/As Luckatore Concrete and Pumping and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court determined that the agreement complied with the Fair Work Act and met the necessary criteria for approval, including the mandatory provisions and good faith requirements. The agreement was found to provide fair and reasonable terms and conditions of employment for the employees of Luckatore Concrete and Pumping.

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