Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3705

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6843)

DAEKIN 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, 11 JUNE 2013

Application for approval of the Daekin 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 Daekin 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 18 June 2012. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicants, Daekin Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with the Fair Work Commission hearing the matter. The dispute centred on the procedural fairness and the compliance of the agreement with relevant statutory provisions. The Commission was required to determine whether the agreement had been appropriately negotiated and whether it complied with the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing the procedural fairness of the negotiation process and the content of the agreement itself. Key points of contention included whether the union had acted in good faith during the negotiations and whether the agreement contained provisions that were contrary to public policy or unfair. The Commission also needed to consider whether the agreement was made in accordance with the requirements of the Fair Work Act.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process and the content of the agreement. It was found that the union had acted in good faith and that the agreement was fair and reasonable in its terms. The Commission determined that the agreement was not contrary to public policy and that it complied with the statutory requirements set out in the Fair Work Act. As a result, the Commission approved the agreement.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding it to be fairly negotiated and compliant with the Fair Work Act. The Commission's decision was based on the evidence presented, which demonstrated the union's good faith in the negotiation process and the reasonableness of the agreement's terms.

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