Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3862

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6878)

ALWAYS PUMPING (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 JUNE 2013

Application for approval of the Always Pumping (Vic) 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 Always Pumping (Vic) 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 25 June 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 Construction, Forestry, Mining and Energy Union brought an application before the Fair Work Commission concerning the approval of the Always Pumping (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application sought to ensure that the enterprise agreement was fair and balanced for all parties involved. The dispute centred on the terms and conditions outlined within the agreement, specifically regarding employee rights and obligations, remuneration, and procedural fairness.

The primary legal issue for the court to address was whether the enterprise agreement met the criteria for being "fair and appropriate" as required by the Fair Work Act 2009. This involved scrutinising the agreement's provisions to determine if they aligned with the principles of procedural fairness and if they provided a fair and reasonable outcome for all involved parties. The court had to consider whether the agreement adequately balanced the interests of both employers and employees, ensuring it did not unduly favour one party over the other.

The Fair Work Commission, in its decision, thoroughly examined the provisions of the enterprise agreement. It concluded that while the agreement contained many provisions that were fair and reasonable, certain aspects did not adequately meet the standards of procedural fairness. Specifically, the Commission identified issues with the process by which the agreement was negotiated and the representation of employee interests. Consequently, the Commission decided that the agreement did not fully satisfy the criteria for approval and directed the parties to revisit and revise the agreement to address the identified shortcomings.

Following the Commission's findings, the court issued orders directing the parties to re-negotiate the enterprise agreement to ensure it met the statutory requirements of fairness and procedural integrity. The decision underscored the importance of a balanced and fair negotiation process in the formation of enterprise agreements.

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