Construction, Forestry, Mining and Energy Union

[2013] FWCA 3553

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6731)

H TROON PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 JUNE 2013

Application for approval of the H Troon 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 H Troon 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 12 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 sought approval of the H Troon Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around whether the agreement complied with the statutory requirements under the Fair Work Act 2009, particularly focusing on the provisions concerning minimum rates of pay, penalty rates, and classification of employees. The Commission was tasked with examining if the agreement met the prerequisites for approval as set out by the Act, including whether it was certified by an independent certifier as meeting the "better-off overall test".

The primary legal issue before the Commission was whether the agreement satisfied the "better-off overall test" as required by section 235 of the Fair Work Act 2009. This involved determining if the terms and conditions of the agreement were no less favourable than the applicable awards and whether they provided for the protection of employees in terms of wages, conditions, and other benefits. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both employers and employees and complied with the procedural requirements stipulated in the Act.

The Commission found that the agreement met the "better-off overall test" and complied with the statutory requirements. The decision was based on the comprehensive analysis of the agreement's provisions, which demonstrated that the employees would be better off overall under the terms of the agreement compared to the applicable awards. The Commission also considered the independent certifier's assessment, which supported the conclusion that the agreement was fair and balanced. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

As a result of the decision, the H Troon Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered. This approval ensured that the agreement would serve as the governing instrument for the employment conditions of the employees covered by the agreement, providing them with a clear framework of rights and obligations. The decision underscored the importance of compliance with the statutory requirements in enterprise agreements to protect the interests of both employers and employees within the building and construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established