Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5490

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7861)

TARNEIT PLANT HIRE PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 9 AUGUST 2013

Application for approval of the Tarneit Plant Hire Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Tarneit Plant Hire Pty Ltd and the CFMEU Civil 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 16 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the Tarneit Plant Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission. The dispute centred on whether the enterprise agreement met the necessary criteria for approval, particularly focusing on the process through which the agreement was reached and its alignment with the Fair Work Act 2009. The key legal issues the court needed to address included whether the agreement was genuinely negotiated, whether the process was fair, and whether the agreement complied with the statutory requirements for endorsement.

The court examined the process and the evidence provided to determine if the agreement was genuinely negotiated. It reviewed the submissions from both parties and considered the procedural fairness of the negotiation process. The court also assessed whether the agreement complied with the provisions of the Fair Work Act, including the requirement for a majority of employees to be represented in the bargaining process. The court found that the process was not genuinely negotiated as it did not involve meaningful consultation with the employees and did not meet the standards of procedural fairness. Consequently, the application for approval was dismissed.

Based on the findings, the court concluded that the agreement did not satisfy the statutory requirements for approval. The court determined that the process of negotiation did not involve genuine consultation and thus failed to meet the criteria of procedural fairness. Additionally, the court found that the agreement did not comply with the necessary provisions of the Fair Work Act. As a result, the court dismissed the application for the approval of the enterprise agreement.

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