Construction, Forestry, Mining and Energy Union

[2013] FWCA 3379

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6578)

SSI STONE 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 SSI Stone 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 SSI Stone 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and SSI Stone Pty Ltd. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with the Fair Work Commission (FWC) being the adjudicatory body. The CFMEU sought approval of the agreement, while SSI Stone Pty Ltd raised objections against certain provisions. The case was ultimately decided by the Federal Court of Australia.

The legal issues the court had to decide included whether the agreement met the requirements under the Fair Work Act 2009, particularly with respect to the provisions that SSI Stone Pty Ltd found objectionable. The court had to determine if the provisions in question complied with the Act, and whether they were reasonable in the circumstances. The court also had to consider if the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act.

The court's reasoning was based on a thorough analysis of the Fair Work Act 2009 and its requirements for enterprise agreements. The court found that the provisions in question were reasonable and met the requirements of the Act. The court also determined that the agreement was in the best interests of the employees and was compliant with the relevant provisions of the Fair Work Act. As a result, the court approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The final orders of the court included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with the specific provisions that SSI Stone Pty Ltd had objected to being deemed reasonable and compliant with the Fair Work Act. The agreement was thus approved, and the dispute between the parties was resolved in favour of the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established