Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3706

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6845)

METANOVUS CONSTRUCTIONS 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 Metanovus Constructions 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 Metanovus Constructions 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Metanovus Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission (FWC) was the forum for the application, as it sought to determine whether the agreement met the necessary criteria for approval. The dispute centred on whether the agreement appropriately balanced the interests of the employees and the employer, adhering to the relevant legislative framework.

The primary legal issue before the FWC was whether the agreement satisfied the requirements under section 232 of the Fair Work Act 2009. This involved assessing whether the agreement made sufficient provision for the employees' terms and conditions of employment, including aspects such as minimum wages, penalty rates, leave entitlements, and other employment conditions. The FWC had to examine whether the agreement provided fair and reasonable terms and conditions, considering the interests of both the employees and the employer.

In delivering its decision, the FWC considered the specific terms and conditions outlined in the agreement and evaluated whether they met the statutory requirements. The FWC noted the provisions regarding minimum wages, penalty rates, and leave entitlements, and assessed whether these provisions were fair and reasonable. After thorough consideration, the FWC determined that the agreement did indeed meet the necessary criteria and approved the Metanovus Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The FWC found that the agreement appropriately balanced the interests of the employees and the employer, adhering to the requirements of the Fair Work Act 2009.

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