Construction, Forestry, Mining and Energy Union

[2013] FWCA 4997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7598)

SHAWN KENNEDY FAMILY TRUST (THE TRUSTEE FOR) T/AS EAGLE EARTHWORKS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Shawn Kennedy Family Trust (The Trustee for) T/As Eagle Earthworks 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 Shawn Kennedy Family Trust (The Trustee for) T/As Eagle Earthworks 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 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 an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Shawn Kennedy Family Trust (The Trustee for) trading as Eagle Earthworks Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission. The primary legal issue before the court was whether the enterprise agreement in question met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement complied with the provisions relating to genuine bargaining, the scope of the agreement, and whether it included all necessary details such as terms and conditions of employment.

The court examined the evidence provided by both parties regarding the bargaining process and the contents of the agreement. It considered the submissions on whether the agreement was genuinely bargained for and whether it covered the necessary scope and terms. The court found that the CFMEU had demonstrated that the agreement was genuinely bargained for, as it was made in good faith and without coercion. The agreement was also found to cover the appropriate scope of employment conditions for the relevant industry and to include all necessary terms and conditions as required by the Act. Consequently, the court approved the enterprise agreement, finding it compliant with the statutory requirements.

In summary, the Fair Work Commission approved the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 for the Shawn Kennedy Family Trust (The Trustee for) trading as Eagle Earthworks Pty Ltd. The court determined that the agreement met all the necessary legal criteria for approval, including genuine bargaining and proper scope and terms. The decision confirmed the validity of the enterprise agreement for the specified period and parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established