Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3622

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6778)

TRANSBELL PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JUNE 2013

Application for approval of the Transbell 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 Transbell 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 13 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 of Construction, Forestry, Mining and Energy Union involved an application for the approval of the Transbell Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. This matter was brought before the Fair Work Commission, the primary body responsible for regulating employment and workplace relations in Australia.

The central legal issues that the Commission needed to address involved whether the agreement met the criteria set out in the Fair Work Act 2009. This included determining if the agreement was a "registered agreement" as per section 174 of the Act, and if it complied with the "better off overall test" as per section 181. Furthermore, the Commission had to ensure that the agreement did not contain any terms that contravened the provisions of the Fair Work Act.

The Fair Work Commission determined that the agreement satisfied the criteria for a registered agreement. It found that the agreement met the "better off overall test" and contained no provisions that contravened the Act. The Commission took into account the benefits and detriments for employees covered by the agreement, and concluded that the agreement was fair and reasonable. The Commission subsequently approved the agreement, allowing it to be registered and enforced as a binding contract between the parties involved.

No further orders were made by the Commission in this case, as the agreement was approved and registered as requested. This decision ensured that the agreement could now be implemented and enforced, providing a framework for the employment relationship between Transbell Pty Ltd and the Construction, Forestry, Mining and Energy Union.

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