Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7785)

ACI AUSTRALIAN CIVIL INDUSTRIES PTY LTD AND THE CFMEU SUB-DIVISIONAL AND MINOR WORKS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 19 AUGUST 2013

Application for approval of the ACI Australian Civil Industries Pty Ltd and the CFMEU Sub-Divisional and Minor Works Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the ACI Australian Civil Industries Pty Ltd and the CFMEU Sub-Divisional and Minor Works 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 parties have provided a signed written undertaking as to clause 11, Attachment A of the Agreement in relation to the disputes procedure. I am satisfied the undertaking meets my concern that the procedure did not explicitly cover disputes over the National Employment Standards. I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement as Attachment B

[5] The agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement as Attachment C

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 26 August 2013. The nominal expiry date of the Agreement is 1 April 2015.

COMMISSIONER

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

1 Reg 2.09 and Sch 2.3 of the Fair Work Regulations 2009.

2 Reg 2.09 and Sch 2.3 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the ACI Australian Civil Industries Pty Ltd and the CFMEU Sub-Divisional and Minor Works Enterprise Agreement 2011-2015. The dispute revolved around the terms of the proposed enterprise agreement, specifically whether the agreement met the necessary criteria under the Fair Work Act 2009 for its approval and registration. The application was brought before the Commission to ensure that the agreement adhered to the legal standards set for fair and equitable employment practices.

The primary legal issues before the Commission involved the examination of whether the enterprise agreement contained the necessary good faith bargaining provisions, whether it complied with the requirements for covering only eligible employees, and whether it met the other statutory requirements for approval. The Commission had to assess whether the agreement provided for a fair and effective method of determining employees' terms and conditions of employment and whether it included all the prescribed minimum entitlements and protections.

In its decision, the Commission meticulously reviewed the proposed agreement against the statutory requirements. It found that the agreement adequately reflected the principles of genuine bargaining and included the necessary minimum terms and conditions. The Commission determined that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. As such, the Commission approved the agreement, confirming its compliance with the necessary legal criteria. Consequently, the application for the approval of the enterprise agreement was granted, and the agreement was registered accordingly.

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