Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3235

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6490)

CARLSON BUILDERS PTY LTD T/AS ARCTIC CONSTRUCTIONS 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 Carlson Builders Pty Ltd T/As Arctic Constructions 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 Carlson Builders Pty Ltd T/As Arctic Constructions 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

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and Carlson Builders Pty Ltd T/As Arctic Constructions, the Federal Court was presented with an application for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the validity and compliance of the enterprise agreement under the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union sought approval for the agreement, while Carlson Builders contested its approval on various grounds, including that it did not meet the criteria for fair and reasonable terms under the legislation.

The central legal issues before the Court involved whether the enterprise agreement contained terms that were fair and reasonable and if it complied with the statutory requirements set forth in the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement's provisions regarding minimum wage rates, penalty rates, and other employment conditions were fair and reasonable, taking into account the principles of fairness and the economic and social context in which the agreement was made.

The Court found that the enterprise agreement met the statutory criteria for approval. It concluded that the agreement provided for fair and reasonable terms, considering the economic and social context and the principles of fairness. The Court rejected Carlson Builders' arguments, noting that the agreement's provisions were in line with industry standards and were not unfair or unreasonable. Consequently, the Court granted the application for approval of the enterprise agreement.

The Court's decision was based on a detailed analysis of the agreement's provisions and a consideration of the broader industrial context. The Court determined that the agreement was fair and reasonable and complied with the statutory requirements, leading to its approval. The Court's decision was binding, and the enterprise agreement was approved under the Fair Work Act 2009.

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