Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4834

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7426)

COMPLETE CIVIL CONSTRUCTION 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 Complete Civil Construction 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 Complete Civil Construction 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

The matter before the Fair Work Commission involved an application for the approval of the Complete Civil Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about various provisions, particularly those relating to wages and conditions.

The legal issues that the Commission had to resolve included whether the agreement complied with the "better off overall test" and whether it contained terms that were procedurally or substantively unfair. Additionally, the Commission had to consider if the agreement provided for a proper balance of rights and obligations between the employer and employees and whether it adhered to the relevant industrial instruments and the Fair Work Act.

In delivering its decision, the Fair Work Commission found that the agreement met the requirements of the Act. It concluded that the agreement was fair and reasonable, satisfying the better off overall test, and did not contain any unfair terms. The Commission noted that the agreement provided for a fair balance of rights and obligations and was consistent with the relevant industrial instruments and the Act. Therefore, the Commission approved the agreement, paving the way for its implementation in the civil construction industry.

The Commission's final order was that the Complete Civil Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015 be approved in accordance with the Fair Work Act 2009. This decision allowed the agreement to take effect and govern the terms and conditions of employment for the relevant workforce in the civil construction industry.

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