Construction, Forestry, Mining and Energy Union

[2013] FWCA 2690

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6195)

FROISTONE PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 3 MAY 2013

Application for approval of the Froistone 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 Froistone 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 type.

[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 10 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 Fair Work Commission involved an application for the approval of the Froistone Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application for approval came before the Fair Work Commission, which was required to determine if the agreement met the criteria for registration under the Fair Work Act 2009. The legal issues central to this case revolved around the compliance of the enterprise agreement with the legislative requirements, specifically whether the agreement was free from prohibited content, and whether it provided for the proper resolution of employee disputes. The Commission also had to consider whether the agreement had been genuinely negotiated between the employer and the union.

In delivering its decision, the Fair Work Commission closely examined the provisions of the agreement to ascertain its compliance with the statutory requirements. The Commission confirmed that the agreement did not contain any prohibited content and was free from provisions that would undermine the fundamental rights of employees. Additionally, the Commission found that the agreement contained appropriate mechanisms for the resolution of employee disputes, which were in line with the principles of procedural fairness and equity. The Commission was satisfied that the agreement had been genuinely negotiated between the employer and the union, as evidenced by the presence of independent witnesses and the absence of any undue influence or coercion. Consequently, the Fair Work Commission approved the application for the registration of the enterprise agreement.

The Fair Work Commission's decision to approve the Froistone Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 provided legal certainty and stability to the parties involved. The approval of the agreement ensured that the rights and obligations of the employer and employees were clearly defined and enforceable. This decision also set a precedent for future enterprise agreements in the building and construction industry, reinforcing the importance of genuine negotiation and compliance with legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established