Construction, Forestry, Mining and Energy Union

[2013] FWCA 4833

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7424)

REG ROBINS FAMILY TRUST T/AS REG ROBINS CONSTRUCTION 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 Reg Robins Family Trust T/As Reg Robins Construction 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 Reg Robins Family Trust T/As Reg Robins Construction 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 case before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 in relation to the Reg Robins Family Trust T/As Reg Robins Construction Pty Ltd. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for being a "single industrial instrument" (SII) and whether it complied with the Fair Work (Registered Organisations) Act 2009. The matter was heard in the Fair Work Commission (FWC), an Australian federal court.

The primary legal issues that the FWC had to address were whether the agreement constituted a valid SII, as defined by the Fair Work Act, and whether it adhered to the requirements of the Fair Work (Registered Organisations) Act. A key point of contention was whether the agreement sufficiently represented the interests of all employees within the specified industry, and if it included appropriate dispute resolution mechanisms. Additionally, the FWC needed to determine if the union had followed the correct procedures in seeking approval for the agreement.

In rendering its decision, the FWC examined the provisions of the agreement, the processes followed by the union in proposing it, and the content of the agreement in terms of coverage and dispute resolution. The FWC found that the agreement satisfied the requirements of being a single industrial instrument, as it was comprehensive and covered all relevant employees in the building and construction industry. Furthermore, the FWC concluded that the agreement complied with the Fair Work (Registered Organisations) Act, as the union had properly followed the approval process. Based on this, the FWC approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The FWC's final order was the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 for the Reg Robins Family Trust T/As Reg Robins Construction Pty Ltd. This decision confirmed the validity of the agreement as a single industrial instrument and its compliance with the legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established