Construction, Forestry, Mining and Energy Union

[2013] FWCA 4722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7294)

MELBOURNE FACADE / CFMEU GREENFIELDS AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 15 JULY 2013

Application for approval of the Melbourne Facade / CFMEU Greenfields Agreement (ACT) 2013-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Melbourne Facade / CFMEU Greenfields Agreement (ACT) 2013-2016 (the Agreement).

[2] The Agreement was made by the employer, The Trustee for the Melbourne Facades Trust trading as Melbourne Facades and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of an agreement reached with Melbourne Facade. The agreement, known as the CFMEU Greenfields Agreement (ACT) 2013-2016, related to employment terms and conditions for employees of Melbourne Facade. The dispute centred on the fairness and appropriateness of the agreement's terms, particularly in relation to the scope of its application and compliance with statutory provisions.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on whether it provided a safety net for employees, was free from coercion, and was appropriately broad in its coverage. A significant issue was whether the agreement's terms adequately protected the interests of employees while allowing for flexibility in the fast-paced construction industry.

The court examined the terms of the agreement in detail, assessing whether they provided a fair and reasonable framework for employment. It considered the nature of the construction industry and the need for agreements to balance the interests of both employers and employees. The court found that the agreement provided adequate protections and was not coercive, meeting the statutory requirements for approval. Consequently, the court approved the agreement, finding it to be fair and appropriate for the employees of Melbourne Facade.

The final orders of the court were to approve the CFMEU Greenfields Agreement (ACT) 2013-2016, effective from the date of the decision. This approval validated the agreement's terms and conditions, ensuring they would govern the employment relationship between Melbourne Facade and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established