Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4832

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7420)

KLEENDUCT AUSTRALIA 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 Kleenduct Australia 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 Kleenduct Australia 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 matter before the Fair Work Commission was an application for approval of the Kleenduct Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the application for approval of a new enterprise agreement between Kleenduct Australia Pty Ltd and the CFMEU, with the primary concern being whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues for the Commission to resolve were whether the enterprise agreement met the criteria for approval under the Fair Work Act, specifically if it contained provisions that allowed for the registration of a new organisation, and whether the application process adhered to the relevant legal standards. Additionally, the Commission had to consider if the agreement provided for fair and equitable terms for both parties and whether it was consistent with the principles of the industrial relations system.

The Fair Work Commission determined that the application for approval of the enterprise agreement was valid and in compliance with the requirements of the Fair Work Act. The Commission found that the agreement contained appropriate provisions for the registration of a new organisation and that the application process was conducted in accordance with the relevant legal standards. The Commission also concluded that the agreement provided for fair and equitable terms for both parties and was consistent with the principles of the industrial relations system.

The Fair Work Commission approved the Kleenduct Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, and it was registered as a new enterprise agreement under the Fair Work Act. This decision provides clarity for both parties involved in the agreement and sets a precedent for similar agreements in the future.

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