Construction, Forestry, Mining and Energy Union

[2013] FWCA 2688

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6190)

FORTIS CONSTRUCTION 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 Fortis Construction 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 Fortis Construction 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 parties involved in this case were Fortis Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose from an application to approve the Fortis Construction Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission of Australia.

The primary legal issues before the court included whether the enterprise agreement met the criteria set out in section 230 of the Fair Work Act 2009 and whether the application process followed the proper procedures. Additionally, the court needed to determine if the agreement was genuinely negotiated between the employer and the union and if it complied with the relevant provisions of the Fair Work Act.

The court examined the application process and found it to be compliant with the relevant provisions of the Fair Work Act. The court also reviewed the terms and conditions of the enterprise agreement, finding them to be in line with the requirements of the Fair Work Act. The agreement was considered to be genuinely negotiated between the employer and the union, and the court was satisfied that the application met the criteria for approval under section 230 of the Fair Work Act. Consequently, the court approved the enterprise agreement.

As a result of the court's decision, the Fortis Construction Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and became a legally binding document between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established