Construction, Forestry, Mining and Energy Union

[2013] FWCA 3241

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6498)

R MENSA PTY LTD T/AS CCC POLISHED CONCRETE 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 R Mensa Pty Ltd T/As CCC Polished Concrete 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 R Mensa Pty Ltd T/As CCC Polished Concrete 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

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, in respect of R Mensa Pty Ltd T/As CCC Polished Concrete. The primary dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an independent statutory tribunal with jurisdiction over workplace relations matters in Australia.

The legal issues before the Commission were whether the agreement contained all the required terms under section 235 of the Fair Work Act, whether it complied with the good faith bargaining provisions under section 228, and whether it met the criteria for being a "single formula" agreement as defined under section 173 of the Fair Work Act. The CFMEU argued that the agreement was comprehensive, had been negotiated in good faith, and was a single formula agreement, while R Mensa Pty Ltd contended that the agreement did not meet the statutory requirements.

The Commission determined that the agreement contained all the required terms and was a single formula agreement. It found that the negotiation process had been conducted in good faith, meeting the statutory requirements for approval. The Commission concluded that the agreement was comprehensive and met all the necessary criteria for approval under the Fair Work Act. Consequently, the application for approval was granted.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 for R Mensa Pty Ltd T/As CCC Polished Concrete. The decision affirmed the comprehensiveness and compliance of the agreement with the statutory requirements, including the good faith bargaining provisions and the criteria for a single formula agreement. This approval ensures that the terms and conditions of employment within the specified enterprise are governed by the agreed-upon enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established