Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3245

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6504)

OTNOG EXCAVATIONS PTY LTD AND THE CFMEU CIVIL 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 Otnog Excavations Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Otnog Excavations Pty Ltd and the CFMEU Civil 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

The case involves an application for the approval of the Otnog Excavations Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Civil Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission, which is the Australian workplace relations tribunal responsible for overseeing the enforcement of workplace laws and the resolution of workplace disputes.

The primary legal issues that the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement complied with the procedural fairness requirements, including whether it had been made free of any improper conduct and whether the parties had genuinely bargained for its terms. The Commission also needed to determine if the agreement covered the correct bargaining unit and if it contained any terms that were contrary to public policy or otherwise invalid.

The Commission found that the agreement was procedurally valid, having been made free of any coercion, duress or improper influence. The bargaining process was transparent and the parties had genuinely negotiated the terms. The agreement was also found to cover the correct bargaining unit and did not contain any terms that were contrary to public policy or otherwise invalid. Consequently, the Commission approved the agreement, recognising it as a registered agreement that would apply to the relevant employees and employers for the specified period.

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