Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4124

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7051)

JAMS STEELFIXING 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 Jams Steelfixing 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 Jams Steelfixing 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Jams Steelfixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for the Building and Construction Industry Enterprise Agreement 2011-2015 in the Fair Work Commission. The agreement was aimed at regulating employment conditions for workers in the building and construction industry. The dispute arose from objections by other entities regarding certain provisions of the agreement.

The primary legal issues before the court involved determining whether the agreement met the criteria for approval as stipulated under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement provided for fair and reasonable terms, including pay and conditions that aligned with national employment standards. Furthermore, the court had to examine if the agreement had been genuinely negotiated and if it contained appropriate dispute resolution mechanisms.

The court examined the submissions and evidence presented by the parties. It found that the agreement was fair and reasonable, providing adequate terms and conditions that met the national employment standards. The court also concluded that the agreement was genuinely negotiated, with the parties having the necessary capacity to do so. The dispute resolution mechanisms were deemed appropriate, ensuring that any future disagreements could be resolved effectively. Consequently, the court approved the agreement, confirming that it met all necessary legal requirements for registration.

The court issued a certificate of registration for the Building and Construction Industry Enterprise Agreement 2011-2015, making it a legally binding agreement between Jams Steelfixing Pty Ltd and the CFMEU for the specified period.

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