Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1808)

MADAD PTY LTD WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 AUGUST 2013

Application for approval of the Madad Pty Ltd Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Madad Pty Ltd Workplace Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union, Construction & General Division, Queensland Construction Workers Divisional Branch. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, Construction & General Division, Queensland Construction Workers Divisional Branch, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 August 2013. The nominal expiry date of the Agreement is 12 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Madad Pty Ltd Workplace Agreement 2013. Madad Pty Ltd is an employer in the construction industry, and the CFMEU is an industrial organisation representing employees in that industry. The CFMEU sought to have the agreement approved as a registered workplace agreement under the Fair Work Act 2009. The legal issues the court had to determine were whether the agreement complied with the requirements of the Act, particularly in relation to the process by which the agreement was made and the content of the agreement itself.

The court examined the process by which the agreement was negotiated and concluded. It found that the CFMEU had followed the proper procedures in negotiating the agreement, and that the agreement had been made in good faith. The court also considered the content of the agreement and whether it complied with the provisions of the Fair Work Act. The court found that the agreement contained provisions that were consistent with the Act, and that the agreement was not contrary to the public interest.

The court approved the agreement, finding that it met the requirements of the Fair Work Act. The CFMEU's application for approval of the Madad Pty Ltd Workplace Agreement 2013 was therefore successful. The court's decision provides guidance on the process for approving workplace agreements under the Act, and the types of provisions that are acceptable in such agreements. The final orders of the court were that the agreement be approved as a registered workplace agreement under the Fair Work Act 2009.

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