Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1894)

PRESTON (WA) PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2013-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 AUGUST 2013

Application for approval of the Preston (WA) Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Preston (WA) Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for approval of the Preston (WA) Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2013-2014. The applicant, Preston (WA) Pty Ltd, sought approval of the enterprise agreement which was negotiated between the company and the Construction, Forestry, Mining and Energy Union (WA Branch). The dispute centred around the union's challenge to the terms of the agreement, particularly the provisions concerning the classification and remuneration of employees.

The legal issues before the court included whether the agreement met the "better off overall test" as required by the Fair Work Act 2009, and whether the agreement contained all the mandated terms and conditions, including those related to employee classification and pay. Additionally, the court had to determine if the agreement was made in good faith and whether it complied with any other relevant statutory requirements.

In delivering the decision, the Full Bench of the Fair Work Commission found that the agreement was made in good faith and met the better off overall test. The court emphasised that the agreement provided for fair and reasonable terms and conditions for employees, including appropriate classification and remuneration. The Full Bench also determined that the agreement contained all the mandated terms and conditions as required by the Fair Work Act 2009. Consequently, the court approved the Preston (WA) Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2013-2014.

In light of the findings, the Full Bench approved the enterprise agreement. The approval was effective from the date of the decision, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between Preston (WA) Pty Ltd and its employees for the specified period.

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