Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7588)

EURO MARBLE PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 24 JULY 2013

Application for approval of the Euro Marble 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 Euro Marble 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 31 July 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Euro Marble Pty Ltd, where the dispute was about the approval of an enterprise agreement between the two parties for the years 2011 to 2015. The case was heard in the Fair Work Commission of Australia. The primary issue for the court was to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether the agreement was made in good faith and whether it complied with the procedural requirements of the Act.

The court considered the arguments presented by both parties and examined the details of the enterprise agreement. It assessed whether the agreement contained the required minimum terms and conditions, and whether it had been made without any undue influence or coercion. The court also evaluated if the agreement provided for proper consultation and negotiation processes between the employer and the employees' representatives. The decision hinged on whether the agreement was fair and balanced, taking into account the interests of both the employees and the employer.

After careful consideration of the evidence and arguments presented, the court found that the enterprise agreement met the necessary criteria for approval. The agreement was deemed to be made in good faith, contained the required minimum terms and conditions, and complied with the procedural requirements of the Fair Work Act 2009. The court concluded that the agreement was fair and balanced, providing for proper consultation and negotiation processes. Therefore, the court approved the enterprise agreement between Euro Marble Pty Ltd and the CFMEU for the specified period.

The final orders of the court were that the Euro Marble Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement would then be applicable to the employees of Euro Marble Pty Ltd and would remain in force until the end of the specified period or until terminated in accordance with the provisions of the Act.

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