Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2944

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6313)

NRG PROJECT MANAGEMENT PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 MAY 2013

Application for approval of the NRG Project Management 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 NRG Project Management 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 20 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 case involved an application for the approval of the NRG Project Management Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was lodged by the union and was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The agreement sought to regulate the employment conditions of employees in the building and construction industry, including terms related to wages, hours of work, and other employment-related matters.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements for approval. This included assessing whether the agreement provided for the appropriate balance between the rights of employees and employers, and whether it met the procedural requirements for making an enterprise agreement. The court was also required to consider whether the agreement provided for the protection of employees' rights and whether it was made in good faith.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the statutory requirements for approval. The agreement provided for a fair balance between the rights of employees and employers, and it met the procedural requirements for making an enterprise agreement. The court found that the agreement provided for the protection of employees' rights and that it was made in good faith. The court approved the proposed enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission made orders approving the NRG Project Management Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, subject to certain modifications. The modifications included the addition of a clause to ensure compliance with the Fair Work Act 2009 and the removal of certain provisions that were found to be inconsistent with the Act. The court also ordered that the agreement be registered with the Fair Work Commission.

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