Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6647)

THE TRUSTEE FOR LINDALES PERSONAL AUSTRALASIA UNIT TRUST T/A BLEASDALE NATIONAL CONTRACTORS / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 5 JUNE 2013

Application for approval of The Trustee for Lindales Personal Australasia Unit Trust T/a Bleasdale National Contractors / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Lindales Personal Australasia Unit Trust T/a Bleasdale National Contractors / CFMEU Collective Agreement (ACT) 2013-2016. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of a collective agreement with The Trustee for Lindales Personal Australasia Unit Trust trading as Bleasdale National Contractors. The agreement covered employees who were engaged under contracts for the construction of infrastructure in the Australian Capital Territory between 2013 and 2016. The application was made under the Fair Work Act 2009, which provides a process for the approval of agreements that provide for the pay and conditions of employees.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Act. The Commission considered whether the agreement had been made in good faith and whether it provided for the pay and conditions of employees fairly and reasonably. The Commission also considered whether the agreement was in the best interests of the employees it covered and whether it was consistent with the principles of the Fair Work Act.

The Commission found that the agreement met the criteria for approval. It was satisfied that the agreement had been made in good faith and provided for the pay and conditions of employees fairly and reasonably. The Commission noted that the agreement provided for a range of benefits for employees, including higher wages and improved working conditions. It also considered that the agreement was in the best interests of the employees it covered and was consistent with the principles of the Fair Work Act. The Commission approved the agreement and made it a registered agreement under the Act.

The Commission made an order approving the collective agreement between the CFMEU and Bleasdale National Contractors, and registered the agreement under the Fair Work Act. The agreement is now a legally binding document that sets out the pay and conditions of employees engaged under contracts for the construction of infrastructure in the Australian Capital Territory between 2013 and 2016.

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