Construction, Forestry, Mining and Energy Union

[2013] FWCA 3701

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6829)

CIVILMECH PTY LTD AND THE CFMEU CIVIL 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 Civilmech Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Civilmech Pty Ltd and the CFMEU Civil 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the Civilmech Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Civil Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred on whether the agreement met the legal standards and requirements for registration under the Fair Work Act 2009. The application was heard in the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes and making decisions on employment matters.

The legal issues the court had to address included whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the process by which the agreement was negotiated and the extent to which it provided for fair and equitable terms and conditions for employees. The court also had to consider whether the agreement appropriately balanced the interests of both employers and employees, ensuring that it did not unfairly disadvantage either party. Furthermore, the court examined whether the agreement was genuinely negotiated and whether it contained provisions that were necessary to protect employees' rights and interests.

The Fair Work Commission determined that the agreement met the necessary legal criteria for approval. The court found that the agreement was negotiated in good faith and provided for fair and equitable terms and conditions for employees. The court considered that the agreement appropriately balanced the interests of both employers and employees and did not contain any provisions that were contrary to public policy or unfair to either party. The court concluded that the agreement complied with the requirements of the Fair Work Act and granted approval for its registration. As a result, the Civilmech Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 was approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established