Construction, Forestry, Mining and Energy Union

[2013] FWCA 3237

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6493)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 MAY 2013

Application for approval of the Lambster Group 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 Lambster Group 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 30 May 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 (CFMEU) sought approval for the Lambster Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement, which was to apply to a range of employees within the building and construction industry, contained various terms and conditions of employment, including provisions related to wages, hours of work, leave, and other workplace matters. The Lambster Group Pty Ltd, a contracting company within the industry, and the CFMEU, a trade union representing the employees, entered into the agreement. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it contained the mandatory terms prescribed by the Fair Work Act, and whether the agreement had been made in accordance with the procedural requirements of the Act. Additionally, the Commission needed to consider whether the agreement met the public interest test, ensuring that it did not undermine the industrial relations system or have an adverse effect on the economy.

In making its decision, the Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. The Commission found that the agreement was a genuine enterprise agreement and contained the mandatory terms as required by the Act. Furthermore, the Commission was satisfied that the agreement had been made in accordance with the procedural requirements of the Act, including the provision of relevant information to the employees and the opportunity for them to be represented by their union. The Commission also determined that the agreement met the public interest test and did not have any adverse effects on the economy or the industrial relations system. Consequently, the Commission approved the Lambster Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Fair Work Commission approved the Lambster Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The decision was made based on the findings that the agreement was genuine, contained the mandatory terms, was made in accordance with the procedural requirements of the Fair Work Act, and met the public interest test. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established