Construction, Forestry, Mining and Energy Union

[2013] FWCA 4849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7591)

DANCO WELDING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 JULY 2013

Application for approval of the Danco Welding 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 Danco Welding 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 26 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Danco Welding Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. Danco Welding Pty Ltd is an employer in the building and construction industry and the CFMEU is the relevant trade union. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement between the parties.

The central legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement contained the required 'protected action provisions' that ensure employees' rights to take protected industrial action, and if the agreement was made in good faith and not coerced. Another issue was whether the agreement provided a fair and efficient workplace arrangement.

The FWC examined the agreement clause by clause, considering its provisions against the legislative framework. The FWC determined that the agreement included the necessary protected action provisions and was made in good faith. The FWC also found that the agreement provided a fair and efficient workplace arrangement, ensuring that employees' rights and employers' interests were adequately balanced. The FWC approved the agreement, noting its compliance with the legislative requirements and its potential to facilitate constructive industrial relations.

The final orders of the FWC were that the Danco Welding Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established