Construction, Forestry, Mining and Energy Union

[2013] FWCA 3621

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6777)

ADD CORP INDUSTRIES PTY LTD AND THE CFMEU BRICKLAYING CONTRACTORS ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Add Corp Industries Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Add Corp Industries Pty Ltd and the CFMEU Bricklaying Contractors 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, represented by Mr G. Smith, applied for the approval of the Add Corp Industries Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015. The application was opposed by Add Corp Industries Pty Ltd, represented by Ms. J. Brown. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to decide were whether the agreement provided for the prescribed minimum terms and conditions, whether it was made in good faith and whether it complied with the procedural fairness requirements. The Commission needed to assess the fairness of the agreement, particularly in light of the opposition from Add Corp Industries Pty Ltd, and determine whether it was appropriate to approve the agreement as a single-enterprise agreement.

After considering the submissions and evidence presented by both parties, the Commission found that the agreement did provide for the prescribed minimum terms and conditions and that it was made in good faith. The Commission was satisfied that the agreement complied with the procedural fairness requirements and was appropriate to be approved as a single-enterprise agreement. The opposition raised by Add Corp Industries Pty Ltd did not demonstrate that the agreement was not in the best interests of the employees covered by the agreement. Therefore, the Commission approved the agreement.

The Fair Work Commission orders that the Add Corp Industries Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015 be approved as a single-enterprise agreement under section 232 of 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