Construction, Forestry, Mining and Energy Union

[2013] FWCA 2949

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6344)

JB HANSEN & LE DICKSON T/AS H & D RIGGING & SCAFFOLDING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY (GIPPSLAND REGION) ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the JB Hansen & LE Dickson T/As H & D Rigging & Scaffolding and the CFMEU Building and Construction Industry (Gippsland Region) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the JB Hansen & LE Dickson T/As H & D Rigging & Scaffolding and the CFMEU Building and Construction Industry (Gippsland Region) 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between JB Hansen & LE Dickson trading as H & D Rigging & Scaffolding and the Construction, Forestry, Mining and Energy Union (CFMEU) for the Building and Construction Industry in the Gippsland Region, covering the years 2011 to 2015. The application was brought under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement. The dispute centred on whether the agreement complied with the statutory requirements and if it was genuinely negotiated between the parties.

The primary legal issue for the Commission was to determine if the agreement was made in good faith and if it met the formal requirements for approval. This involved assessing whether the agreement was negotiated between the employer and the union representing the employees, and if the terms were consistent with the provisions of the Act. Additionally, the Commission had to examine if the agreement adhered to the "better off overall test," ensuring that the employees were not disadvantaged by the terms of the agreement.

The Commission found that the agreement was genuinely negotiated between the employer and the union, and that it satisfied the formal requirements for approval. The terms of the agreement were consistent with the provisions of the Act, and the Commission was satisfied that the parties had complied with the "better off overall test." The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the workers in the Gippsland Building and Construction Industry.

Consequently, the Fair Work Commission granted approval for the JB Hansen & LE Dickson T/As H & D Rigging & Scaffolding and the CFMEU Building and Construction Industry (Gippsland Region) Enterprise Agreement 2011-2015, confirming its compliance with the statutory requirements and the genuine negotiation test.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established