Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5258

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7772)

MONTGOMERY SERVICES PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	ADELAIDE, 1 AUGUST 2013

Application for approval of the Montgomery Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Montgomery Services Pty Ltd and the CFMEU Demolition 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 8 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and Montgomery Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Montgomery Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015. The dispute centred around the terms and conditions outlined in the proposed agreement and whether these were in compliance with the Fair Work Act 2009.

The legal issues that required resolution included whether the agreement met the requirements of a "good faith" bargaining, if the provisions in the agreement adhered to the Fair Work Act's provisions for minimum entitlements, and whether the agreement provided for the appropriate procedures for resolution of disputes. Additionally, the court needed to assess if the agreement was likely to lead to improved productivity, efficiency, and profitability in the workplace.

The Fair Work Commission, after careful consideration of the arguments presented by both parties, determined that the agreement did meet the statutory criteria for approval. The Commission found that the agreement was the product of genuine good faith negotiations, contained provisions that were not less favourable than the applicable minimum entitlements, and included appropriate mechanisms for dispute resolution. The Commission also concluded that the agreement was likely to contribute positively to the efficiency and productivity of the workplace. As a result, the Commission approved the Montgomery Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.

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