Construction, Forestry, Mining and Energy Union

[2013] FWCA 3555

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6735)

DW DEAN PTY LTD AND THE CFMEU CIVIL 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 DW Dean 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 DW Dean 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 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 matter of an application for approval of the DW Dean Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission was required to assess the agreement's compliance with the relevant legislative framework. The application for approval was brought by the employer, DW Dean Pty Ltd, and the union, the Construction, Forestry, Mining and Energy Union, aimed at ensuring the agreement's provisions were fair and reasonable for the employees it covered.

The legal issues before the Commission centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, and if it complied with the procedural requirements for approval. The Commission also considered whether the agreement contained provisions that were contrary to public policy or were otherwise unenforceable.

The Commission found that the agreement satisfied the criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, and that the procedural requirements for approval had been met. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or unenforceable. The Commission approved the agreement, finding that it met all the necessary requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the DW Dean Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015, finding it to be fair and reasonable and compliant with the legislative requirements. The agreement was approved on the basis that it provided for fair and reasonable terms and conditions, including minimum rates of pay, and that it complied with the procedural requirements for approval. The Commission found no provisions in the agreement that were contrary to public policy or unenforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established