Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4218

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7183)

PATCHWORX CONSTRUCTIONS 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 Patchworx Constructions 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 Patchworx Constructions 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 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 case involved an application for the approval of the Patchworx Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission was the court that heard the case. The primary legal issue that the Commission had to decide was whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission had to examine the agreement to determine if it complied with the provisions of the Act, particularly those related to good faith bargaining, the scope of the agreement, and the interests of the employees and employers.

The Commission noted that the agreement contained provisions that were not in line with the requirements of the Fair Work Act. Specifically, the Commission found that certain provisions of the agreement were not negotiated in good faith, as required by section 228 of the Act. Additionally, the agreement did not adequately address the interests of all parties involved. The Commission also found that the scope of the agreement was too broad, as it covered employees who were not part of the bargaining process. The Commission concluded that these issues rendered the agreement non-compliant with the requirements of the Act.

Based on its findings, the Fair Work Commission refused to approve the Patchworx Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission determined that the agreement did not meet the necessary standards for approval under the Fair Work Act. As a result, the agreement could not be registered and would not have legal effect. The Commission's decision was based on its assessment of the agreement's compliance with the provisions of the Act, and its finding that the agreement did not meet the necessary standards for approval.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

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Legal Principle Established