Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8483)

HRC MELBOURNE PTY LTD 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 HRC Melbourne 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 HRC Melbourne 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 30 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and HRC Melbourne Pty Ltd appeared before the Fair Work Commission to seek approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the necessary provisions, complied with the procedural requirements, and adhered to the terms of the Fair Work Act. Specifically, the Commission had to determine if the agreement fairly reflected the balance of power between the parties and if it contained appropriate mechanisms for resolving disputes.

In delivering its decision, the Commission noted that the agreement contained all necessary provisions and adhered to the procedural requirements outlined in the Fair Work Act. The Commission found that the agreement fairly reflected the balance of power between the parties and provided adequate mechanisms for resolving disputes. Consequently, the Commission approved the proposed agreement, finding that it met all the legal requirements under the Fair Work Act.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, confirming its compliance with the Fair Work Act and its fair reflection of the balance of power between the parties. The agreement was thus authorised for operation.

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