Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4123

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7041)

RAINTIGHT SOLUTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 26 JUNE 2013

Application for approval of the Raintight Solutions 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 Raintight Solutions 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 3 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with approving the Raintight Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application for approval was brought forward by the Construction, Forestry, Mining and Energy Union, while Raintight Solutions Pty Ltd, a respondent, contested the application. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009 and if it met the procedural fairness requirements. Specifically, the Commission had to determine if the agreement was genuinely negotiated, and if it included the necessary minimum terms and conditions as mandated by the Act. Furthermore, the Commission assessed whether the agreement appropriately provided for the resolution of any disputes that may arise during its term.

The Fair Work Commission examined the evidence presented and found that the enterprise agreement was genuinely negotiated between the parties. The Commission determined that the agreement contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act 2009. Additionally, the agreement included provisions for the resolution of disputes, thus meeting the requirements of procedural fairness. Consequently, the Commission approved the Raintight Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, affirming its compliance with the statutory and procedural requirements.

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