Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7731)

VERVE CONSTRUCTION UNIT TRUST T/AS VERVE CONSTRUCTIONS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Verve Construction Unit Trust T/As Verve Constructions 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 Verve Construction Unit Trust T/As Verve Constructions 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 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

The matter before the Fair Work Commission concerned an application for the approval of the Verve Construction Unit Trust trading as Verve Constructions and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union sought to have the agreement approved under the Fair Work Act 2009, claiming that it met the criteria for registration as a registered agreement. Verve Construction opposed the application, arguing that the agreement did not comply with certain provisions of the Fair Work Act.

The key legal issues the Fair Work Commission was required to address were whether the agreement contained all the mandatory terms as prescribed by the Fair Work Act and whether the agreement was in the best interests of the employees it covered. Additionally, the Commission had to determine whether the agreement was made in accordance with the requirements of the Fair Work Act, including the process for bargaining and the representation of employees.

The Fair Work Commission examined the agreement clause by clause, finding that it included all the mandatory terms required by the Fair Work Act. The Commission also considered the process by which the agreement was made, noting that the union had followed the necessary procedures and that the agreement reflected the best interests of the employees. Having satisfied itself that the agreement met all the legislative requirements, the Commission approved the agreement. The decision confirmed that the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 would be a registered agreement, effective from the date of the decision.

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