Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5625

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7899)

TAMBO GOLD PTY LTD T/AS CUTTING EDGE INSTALLATION AND CONTRACTING 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 Tambo Gold Pty Ltd T/As Cutting Edge Installation and Contracting 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 Tambo Gold Pty Ltd T/As Cutting Edge Installation and Contracting 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

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CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and the company, Tambo Gold Pty Ltd trading as Cutting Edge Installation and Contracting. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009. The applicant, CFMEU, sought to have the agreement approved under the streamlined approval process, which required the agreement to meet specific criteria, including being in writing and not containing any provisions that would have an adverse effect on employees' wages and conditions.

The primary legal issue before the Commission was whether the agreement satisfied the requirements of the streamlined approval process. Specifically, the Commission had to examine whether the agreement met all the criteria set out in the Act, including whether it contained any adverse provisions and whether it was appropriately drafted and presented. The CFMEU argued that the agreement was compliant and met all the necessary requirements, while the respondent, Cutting Edge Installation and Contracting, contended that the agreement was not compliant due to certain provisions that allegedly had an adverse effect on employees' wages and conditions.

The Commission found that the agreement was compliant with the streamlined approval process. The Commission considered the content of the agreement and determined that it did not contain any provisions that would have an adverse effect on employees' wages and conditions. The Commission also found that the agreement was in writing and met all other necessary requirements. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 between the CFMEU and Tambo Gold Pty Ltd trading as Cutting Edge Installation and Contracting. The agreement was found to be compliant with the streamlined approval process and met all the necessary requirements 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