Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7583)

BALUSTRUCT 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 Balustruct 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 Balustruct 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 an application for the approval of the Balustruct Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission, which is Australia's national workplace relations tribunal. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on procedural fairness and the appropriate representation of the parties involved.

The legal issues that the Fair Work Commission was required to determine included whether Balustruct Pty Ltd was an eligible employer under the Act, the legitimacy of the CFMEU's representation of the employees, and if the agreement was made in accordance with the procedural requirements set out in the Act. Additionally, the Commission had to consider whether the terms of the agreement complied with the Fair Work Act's provisions concerning minimum entitlements and whether the agreement met the criteria for being a single, indivisible bargain.

In reaching its decision, the Commission found that Balustruct Pty Ltd was indeed an eligible employer and that the CFMEU was appropriately representing the employees. The Commission also determined that the agreement was made in compliance with the procedural requirements and that it was a single, indivisible bargain. Furthermore, the Commission concluded that the agreement's terms did not contravene the minimum entitlements set out in the Fair Work Act. Based on these findings, the Commission approved the agreement.

As a result of the Fair Work Commission's decision, the Balustruct Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved, and the agreement became legally binding on the parties involved.

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