Construction, Forestry, Mining and Energy Union

[2013] FWCA 5629

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7977)

FAIRBROTHER PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 14 AUGUST 2013

Application for approval of the Fairbrother 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 Fairbrother 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 21 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 before the Fair Work Commission involved an application for approval of the Fairbrother Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The parties contested the validity and enforceability of the enterprise agreement, specifically addressing whether it met the necessary requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was properly made, if it complied with the procedural and substantive provisions of the Fair Work Act, and whether it included all necessary terms and conditions for a valid enterprise agreement. Additionally, the Commission had to determine if the agreement was made in good faith and whether it was consistent with the objects of the Act, particularly concerning the protection of employees' rights and interests.

In its decision, the Fair Work Commission assessed the procedural aspects of the agreement, including the process by which it was negotiated and the involvement of the relevant parties. The Commission examined whether there was sufficient evidence of genuine bargaining and whether the agreement was made without coercion. Furthermore, the Commission reviewed the substantive provisions of the agreement to ensure they were fair and reasonable, providing adequate protection for employees. The Commission concluded that the agreement was valid and should be approved, finding that it met all the statutory requirements and was consistent with the objectives of the Fair Work Act.

The Commission approved the Fairbrother Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, thereby rendering it legally binding between the employer and the employees covered by the agreement. The decision confirmed that the agreement was properly negotiated, met all necessary legal requirements, and adequately protected the rights and interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established