Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4825

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7311)

WATERWAY CONSTRUCTIONS PTY LTD AND THE CFMEU CIVIL 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 Waterway Constructions 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 Waterway Constructions 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 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Waterway Constructions Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The agreement was made between the union and the employer, Waterway Constructions Pty Ltd, which operates in the civil construction industry. The agreement outlines terms and conditions of employment for employees covered by the agreement. The dispute before the court was whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the court were whether the agreement was a "single-enterprise agreement," whether it was a "good faith" agreement, and whether it complied with the "better off overall test." The court had to determine whether the agreement was made in good faith and whether it was likely to result in employees being better off overall than they would be under the applicable awards. The court also had to consider whether the agreement complied with the requirements of section 231 of the Fair Work Act.

The court found that the agreement was a single-enterprise agreement and was made in good faith. The court also found that the agreement complied with the better off overall test. The agreement provided for a pay rise, improved shift patterns, and other benefits for employees. The court concluded that the agreement was likely to result in employees being better off overall than they would be under the applicable awards. The court approved the agreement and made an order accordingly.

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