Construction, Forestry, Mining and Energy Union

[2013] FWCA 3242

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6500)

EARTHBOLT UNIT TRUST T/AS EARTHBOLT (AUST) 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 Earthbolt Unit Trust T/As Earthbolt (Aust) 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 Earthbolt Unit Trust T/As Earthbolt (Aust) 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

The applicant, the Earthbolt Unit Trust trading as Earthbolt (Aust) Pty Ltd, sought approval from the Fair Work Commission for an enterprise agreement. The respondent, the Construction, Forestry, Mining and Energy Union (CFMEU), objected to the application on the grounds that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements for approval, particularly in relation to the coverage of the agreement and the representation of the workforce.

The Commission examined the application to determine if the agreement covered all employees within the specified bargaining unit and if the CFMEU genuinely represented the majority of those employees. The Commission also assessed the procedural fairness of the bargaining process and whether the agreement provided for minimum terms and conditions as required by the Act. The Commission found that the applicant had demonstrated that the agreement was fairly and genuinely negotiated and that the CFMEU represented a majority of the employees in the relevant bargaining unit. Furthermore, the Commission confirmed that the agreement contained all the required minimum terms and conditions.

Consequently, the Commission approved the application for the proposed enterprise agreement. The decision emphasised the importance of ensuring that agreements are genuinely negotiated and fairly represent the workforce, while also complying with the statutory requirements set out in the Fair Work Act. The Commission's approval of the agreement allows for its implementation, providing a legally binding framework for the terms and conditions of employment within the specified bargaining unit.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established