Construction, Forestry, Mining and Energy Union

[2013] FWCA 2823

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6265)

A 2 B EARTHWORKS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 MAY 2013

Application for approval of the A 2 B Earthworks Pty Ltd 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 A 2 B Earthworks Pty Ltd 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 15 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 matter of the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the A 2 B Earthworks Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The primary dispute involved the terms of the proposed enterprise agreement, which sought to govern the employment conditions of workers within the civil construction industry. The Court had to determine if the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues that the Court addressed were whether the agreement provided for the proper engagement of employees, ensured fair remuneration and conditions, and complied with the procedural requirements set forth by the Act. Specifically, the Court had to consider whether the agreement adequately addressed minimum wage rates, penalty rates, and provisions for overtime, shift differentials, and other working conditions. Additionally, the Court examined if the agreement contained appropriate dispute resolution mechanisms and if it had been negotiated in good faith.

The Court found that the proposed agreement met the necessary legal standards. It provided for fair and reasonable terms and conditions, including appropriate wage rates and provisions for overtime and shift differentials. The agreement also contained effective dispute resolution mechanisms and was negotiated in good faith. The Court concluded that the agreement complied with all statutory requirements and approved it. Consequently, the A 2 B Earthworks Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established