Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7602)

STEELFINNE FABRICATIONS 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 Steelfinne Fabrications 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 Steelfinne Fabrications 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement with Steelfinne Fabrications Pty Ltd, which was opposed by the Building and Construction Construction Workers' Industrial Union. The Fair Work Commission was the court tasked with resolving this dispute. The primary legal issues before the Commission were whether the agreement was a valid enterprise agreement under the Fair Work Act 2009 and whether it complied with the procedural requirements of the Act.

The Commission considered whether the agreement had been genuinely negotiated and whether the proper procedural steps had been followed. The Commission found that the agreement was a genuine enterprise agreement as it had been negotiated between the parties and contained terms that were not unreasonable. The Commission also found that the proper procedural steps had been followed in the negotiation and approval process. The Commission was satisfied that the agreement complied with the requirements of the Act, and therefore approved it.

The Fair Work Commission approved the Steelfinne Fabrications Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement was a genuine enterprise agreement and that the proper procedural steps had been followed in its negotiation and approval. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act 2009 and approved it.

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