Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3860

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6875)

OPAX CONSTRUCTION GROUP 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 Opax Construction Group 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 Opax Construction Group 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 (CFMEU) applied for approval of the Opax Construction Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under section 233 of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The applicant, the CFMEU, sought the Commission's approval of the agreement as a registered agreement, which would allow it to be enforceable against the parties involved.

The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Act, which sets out the conditions that must be satisfied for an enterprise agreement to be eligible for registration. Specifically, the Commission had to determine whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as outlined in the Act. Additionally, the Commission had to consider whether the agreement complied with the good faith bargaining requirement, which mandates that parties must negotiate in good faith and make a genuine attempt to reach an agreement.

The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The CFMEU and Opax Construction Group Pty Ltd had demonstrated a genuine attempt to reach an agreement, and the terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement complied with the good faith bargaining requirement, and accordingly, the application for approval was successful. The Fair Work Commission approved the agreement, making it a registered enterprise agreement that is enforceable against the parties involved.

The Fair Work Commission approved the Opax Construction Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 as a registered agreement. This decision ensures that the agreement is legally binding and enforceable, providing certainty and stability to the parties involved. The approval of the agreement also contributes to the broader objective of the Fair Work Act, which is to promote cooperative and productive workplace relations by facilitating the making 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