Construction, Forestry, Mining and Energy Union

[2013] FWCA 3861

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6877)

AUSTRALIAN WATERPROOFING COMPANY 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 Australian Waterproofing Company 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 Australian Waterproofing Company 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Australian Waterproofing Company Pty Ltd. The CFMEU sought approval for an enterprise agreement, specifically the Building and Construction Industry Enterprise Agreement 2011-2015, under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which is responsible for regulating workplace relations and ensuring fair agreements in Australia.

The primary legal issues the court addressed were whether the agreement met the requirements of the Fair Work Act and whether it complied with the Fair Work Act's provisions for genuine agreement and fair terms and conditions. The court needed to determine if the agreement was genuinely negotiated and if it contained fair terms and conditions for the employees involved. The court also examined if the agreement satisfied the good faith bargaining requirements and if it provided fair outcomes for the employees.

The Fair Work Commission found that the Building and Construction Industry Enterprise Agreement 2011-2015 was genuinely negotiated and met the requirements of the Fair Work Act. The commission considered the process of negotiation and the fairness of the terms and conditions outlined in the agreement. The commission concluded that the agreement provided fair outcomes for the employees and complied with the Act's provisions. As a result, the Fair Work Commission approved the agreement.

The Fair Work Commission's decision to approve the Building and Construction Industry Enterprise Agreement 2011-2015 demonstrates the importance of ensuring that workplace agreements are genuinely negotiated and fair. The court's reasoning highlights the need for compliance with the Fair Work Act and the importance of protecting employees' rights in the workplace. The final orders of the case confirmed the approval of the agreement, allowing it to take effect and govern the employment relationship between the CFMEU and the Australian Waterproofing Company Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established