Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4831

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7372)

CIVIL FORCE (VIC) PTY LTD T/AS CIVIL FORCE 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 Civil Force (Vic) Pty Ltd T/As Civil Force 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 Civil Force (Vic) Pty Ltd T/As Civil Force 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a new enterprise agreement between Civil Force (Vic) Pty Ltd T/As Civil Force and the Construction, Forestry, Mining and Energy Union. The agreement sought to cover the employees of Civil Force and was proposed for a period of 2011-2015. The application was brought forth by the union, which aimed to ensure that the terms of the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the proposed agreement complied with the procedural and substantive requirements set out in the Act. Procedurally, the Commission needed to confirm that the union had followed the necessary steps in making the agreement, including providing requisite notices to the employer and holding any necessary meetings. Substantively, the agreement had to be assessed to determine if it contained the mandatory minimum terms and conditions prescribed by the Act, and whether it adhered to the good faith bargaining principles.

In its decision, the Commission first examined the procedural aspects, verifying that the union had properly notified the employer and employees and had held meetings as required. The Commission was satisfied that the union had complied with these procedural obligations. Next, the Commission evaluated the substantive provisions of the agreement, ensuring that it included all the mandatory minimum terms and conditions as stipulated in the Act. It found that the agreement was comprehensive and met all these requirements. Additionally, the Commission considered whether the agreement was made in good faith, taking into account the bargaining process and the terms negotiated. Based on this analysis, the Commission concluded that the agreement was fair and appropriate.

Consequently, the Fair Work Commission approved the proposed enterprise agreement. The decision underscored the importance of ensuring that enterprise agreements are both procedurally and substantively compliant with the Act, and highlighted the need for good faith bargaining between 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