Construction, Forestry, Mining and Energy Union

[2013] FWCA 3243

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6502)

M VAUGHAN PTY LTD AND THE CFMEU BRICKLAYING CONTRACTORS ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the M Vaughan Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the M Vaughan Pty Ltd and the CFMEU Bricklaying Contractors 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 matter before the Fair Work Commission was an application for approval of the M Vaughan Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015. The dispute arose from the negotiation and subsequent application for approval of a new enterprise agreement between the employer and the union representing the employees. The Fair Work Commission was the tribunal tasked with assessing the agreement to ensure it complied with the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement met the requirements for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, provided for a genuine bargain between the employer and the union, and included certain "protected attributes" such as minimum wages, penalty rates, and maximum weekly hours. Furthermore, the Commission needed to ensure the agreement did not unfairly discriminate against any group of employees or provide less favourable terms and conditions than those provided for by the relevant modern award.

In reaching its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. The Commission considered evidence of good faith bargaining and the extent to which the agreement reflected a genuine compromise between the parties. It also assessed whether the agreement contained provisions that complied with the statutory minimum standards and did not unfairly disadvantage any employees. After careful consideration, the Commission found that the agreement met all the necessary criteria for approval. It was satisfied that the agreement was the result of genuine negotiations, provided for fair terms and conditions, and did not include any provisions that were contrary to the principles of the Act.

The Fair Work Commission approved the M Vaughan Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015, finding it to be a genuine and fair agreement that met all the statutory requirements for registration. The Commission's decision ensures that the employees covered by the agreement will benefit from the terms and conditions negotiated between their employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established