Construction, Forestry, Mining and Energy Union

[2013] FWCA 4826

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7320)

L AND L TREJO PTY LTD T/AS MADD PAVING & CONCRETING 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 L and L Trejo Pty Ltd T/As Madd Paving & Concreting 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 L and L Trejo Pty Ltd T/As Madd Paving & Concreting 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

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application for approval of the L and L Trejo Pty Ltd T/As Madd Paving & Concreting and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The union sought to have the agreement, which outlined the terms and conditions of employment for workers in the building and construction industry, approved by the Commission. The dispute centred on the procedural fairness of the bargaining process and the appropriate scope of the agreement.

The legal issues that the Commission was required to determine included whether the union had acted in accordance with the procedural fairness requirements when it engaged in the bargaining process and whether the agreement was within the scope of the bargaining representation. Additionally, the Commission had to consider whether the agreement complied with the relevant legislative provisions, including the requirement that it be in writing and that it did not contain terms that were against public policy or were otherwise unenforceable.

In its decision, the Commission found that the union had acted in accordance with procedural fairness when it engaged in the bargaining process. The Commission also determined that the agreement was within the scope of the bargaining representation and that it complied with the legislative requirements. The Commission approved the agreement, finding that it was fair and reasonable and did not contain any terms that were against public policy or were otherwise unenforceable.

The Commission's approval of the agreement means that it will now be the governing document for the employment of workers in the building and construction industry for the duration of the agreement. The union and the employer are now bound by the terms and conditions set out in the agreement, which includes provisions relating to wages and conditions, dispute resolution, and other employment-related matters. The decision provides clarity and certainty for the parties involved and ensures that the agreement will be enforced in accordance with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established