Construction, Forestry, Mining and Energy Union

[2013] FWCA 3383

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6582)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 MAY 2013

Application for approval of the Rapidcrete 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 Rapidcrete 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 5 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Rapidcrete Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was before the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, particularly in relation to the bargaining process and the provisions of the agreement itself.

The key legal issues for the Commission to determine were whether the agreement was made in good faith, the process through which it was negotiated, and whether the agreement's terms complied with the statutory requirements. Specifically, the Commission had to consider if there was genuine bargaining between the parties, if the agreement covered the necessary minimum terms and conditions, and whether the agreement contained any terms that were contrary to public policy or unfair.

The Commission found that the agreement was made in good faith and that the bargaining process was valid. The CFMEU provided evidence of the negotiations and demonstrated that the agreement was the product of genuine collective bargaining. Furthermore, the Commission held that the agreement satisfied the minimum terms and conditions stipulated by the Fair Work Act, and none of the terms were found to be contrary to public policy or unfair. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Rapidcrete Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This decision validated the agreement's terms and conditions, which would now apply to the employees of Rapidcrete Pty Ltd for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established