Construction, Forestry, Mining and Energy Union

[2013] FWCA 4219

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7088)

RITONJA BROS CONCRETING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 JUNE 2013

Application for approval of the Ritonja Bros Concreting 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 Ritonja Bros Concreting 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 5 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 parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Ritonja Bros Concreting Pty Ltd. The dispute arose over the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This case was heard by the Fair Work Commission, Australia's workplace relations tribunal. The core issue before the tribunal was whether the Enterprise Agreement satisfied the legal requirements for approval and registration under the Fair Work Act 2009.

The legal issues centred on whether the agreement complied with the provisions of the Act, particularly in relation to the mandatory terms that must be included in an enterprise agreement. The tribunal had to determine if the agreement met the criteria for being a "single, written agreement", if it contained the necessary "good faith" provisions, and if it adhered to the "better off overall test". This test ensures that employees are not worse off financially by being party to the agreement compared to their previous terms and conditions.

The Fair Work Commission found that the agreement did meet the statutory requirements and thus approved the application. The tribunal concluded that the agreement was a single, written document and contained the mandatory terms as required by the Act. It also found that the agreement passed the better off overall test, as the employees would not be worse off financially under the terms of the agreement. The tribunal's reasoning was grounded in a detailed analysis of the contents of the agreement and the relevant legislative provisions. The CFMEU's application for approval was therefore successful.

As a result of the tribunal's decision, the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was registered, and the terms of the agreement became legally binding on the parties involved. The tribunal's decision was based on a thorough examination of the agreement's compliance with the Fair Work Act 2009, and it provided clarity for both the CFMEU and Ritonja Bros Concreting Pty Ltd regarding the terms of their workplace agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established