Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2947

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6343)

MITCHCO GROUP TRUST NO 1 (THE TRUSTEE FOR) AND THE CFMEU CIVIL 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 Mitchco Group Trust No 1 (The Trustee for) and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Mitchco Group Trust No 1 (The Trustee for) and the CFMEU Civil 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

In the Federal Court of Australia, the Construction, Forestry, Mining and Energy Union sought approval for the Mitchco Group Trust No 1 (The Trustee for) and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The application was made under section 233 of the Fair Work Act 2009. The applicant union, represented by its officials, sought to have the agreement approved as a modern award, thereby ensuring that the terms and conditions it contained would be enforceable under the Act.

The primary legal issue the court needed to address was whether the agreement met the requirements set out in the Fair Work Act for it to be approved as a modern award. This included verifying that the agreement had been fairly and independently negotiated and that it complied with the various procedural and substantive requirements of the Act. The court also had to consider whether the agreement covered the necessary matters and provided adequate protections for employees.

The court determined that the agreement did indeed meet the criteria for approval. It found that the negotiation process was fair and independent, and that the agreement contained all the necessary provisions required by the Act. The court also concluded that the agreement was not contrary to public policy and provided adequate protections for employees. As such, the court granted the application and approved the agreement as a modern award.

The court's final order was that the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 be approved as a modern award under section 233 of the Fair Work Act 2009. The agreement was to be registered and published, and it would have the force of a national system instrument, providing enforceable terms and conditions for employees in the civil construction industry.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established