Construction, Forestry, Mining and Energy Union

[2013] FWCA 5260

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7779)

T & R CONTRACTORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the T & R Contractors 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 T & R Contractors 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 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the T & R Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose over certain provisions within the agreement that the employer contested on grounds of potential unfairness and non-compliance with statutory requirements.

The legal issues centred on whether the contested provisions in the enterprise agreement unfairly disadvantaged the employer, and if they complied with the statutory obligations under the Fair Work Act 2009. Specifically, the employer questioned the fairness of the provisions relating to minimum wages, the imposition of certain duties, and the dispute resolution mechanisms.

The Commission examined the arguments from both parties and considered the provisions in question against the criteria for approval set out in the Fair Work Act. The Commission found that the contested provisions did not unfairly disadvantage the employer and were in compliance with statutory requirements. It was determined that the provisions were necessary to ensure fair and reasonable terms and conditions of employment, and did not undermine the employer’s operational flexibility or financial viability.

Consequently, the Fair Work Commission approved the T & R Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The decision was based on the findings that the agreement met the statutory criteria for approval and did not contain unfair provisions that would unduly burden the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established