Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2946

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6342)

AGI & STAFF 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 AGI & Staff 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 AGI & Staff 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 matter before the Full Bench of the Fair Work Commission involved an application for the approval of the AGI & Staff Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, AGI & Staff Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union (CFMEU) contested the application, raising concerns about the agreement's provisions.

The primary legal issues before the court were whether the enterprise agreement complied with the requirements of the Fair Work Act, specifically whether it met the criteria for "better off overall and in the round" (BOOT) and whether it contained any unfair terms. The court needed to examine if the agreement provided employees with adequate protections and benefits, and whether any terms were unreasonably prejudicial to the employees' interests.

In reaching its decision, the Full Bench of the Fair Work Commission found that the agreement was compliant with the requirements of the Fair Work Act. The court determined that the agreement provided employees with benefits that were better overall and in the round compared to the applicable awards and that no provisions were unfairly prejudicial. The Full Bench concluded that the agreement met the statutory criteria and was fit for approval.

The Full Bench approved the AGI & Staff Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court's decision was based on the comprehensive examination of the agreement's provisions and its compliance with the relevant statutory requirements. The approval of the agreement was subject to the conditions and limitations set out in the court's order.

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