Construction, Forestry, Mining and Energy Union

[2013] FWCA 5155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7582)

STRAIGHTLINE EXCAVATIONS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 30 JULY 2013

Application for approval of the Straightline Excavations 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 Straightline Excavations 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 6 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Construction, Forestry, Mining and Energy Union lodged an application for approval of the Straightline Excavations Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The application was brought pursuant to section 233 of the Fair Work Act 2009. The application was contested by the employer. The primary dispute centred around the provisions of the enterprise agreement and whether it met the legal standards for approval under the Act.

The legal issues before the Commission included whether the enterprise agreement was a "good faith" bargain, whether it contained provisions that were contrary to public policy, and whether it had been negotiated in accordance with the requirements of the Act. A further issue was whether the agreement appropriately balanced the interests of both employers and employees within the industry.

The Commission examined the negotiation process and found that it had been conducted in good faith. The agreement was considered to appropriately balance the interests of both parties. The Commission noted that while some provisions might be seen as contentious, they were not contrary to public policy or the Act. After careful consideration, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The final order of the Commission was that the Straightline Excavations Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 be approved in its entirety, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Commission and that it would be binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established