Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3380

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6579)

AUSTRALIAN PUMPING PLANT 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 Australian Pumping Plant 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 Australian Pumping Plant 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 matter before the Fair Work Commission involved an application for the approval of the Australian Pumping Plant Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose from the proposed enterprise agreement which sought to govern the terms and conditions of employment for workers within the relevant industry. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to consider whether the agreement was made in good faith and whether appropriate steps were taken to ensure genuine agreement. Substantively, the Commission had to assess whether the agreement included terms that were fair and reasonable, particularly in relation to minimum wages, penalties, and other employment conditions. Additionally, the Commission had to ensure that the agreement did not disadvantage any employee in a way that was not in their best interests.

In delivering its decision, the Fair Work Commission found that the application for approval of the enterprise agreement was successful. The Commission determined that the agreement was made in good faith, with sufficient evidence of genuine consultation and negotiation between the parties. The terms of the agreement were also found to be fair and reasonable, providing adequate protections and benefits for employees while also accommodating the operational needs of the employer. The Commission emphasised that the agreement aligned with relevant industry standards and did not impose any undue burdens on the employer. Consequently, the enterprise agreement was approved, ensuring that the terms of employment for the affected workers would be governed by the agreed-upon conditions.

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