Construction, Forestry, Mining and Energy Union

[2013] FWCA 2700

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6189)

CMD ADMINISTRATION 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 CMD Administration 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 CMD Administration 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 case involved an application for the approval of the CMD Administration Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission. The central dispute centred on whether the enterprise agreement should be approved, given the submissions and objections raised by various parties regarding its compliance with legal standards and the protection of workers' rights.

The primary legal issues revolved around the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for approval under the Act, including whether it facilitated improved productivity, promoted high-quality jobs, and provided for fair and effective dispute resolution mechanisms. Furthermore, the court needed to assess whether the agreement unfairly disadvantaged any group of employees, whether it had been fairly negotiated, and whether it adequately protected employees' rights and interests.

The Fair Work Commission examined the submissions and evidence provided by the parties, including the agreement's provisions, the negotiation process, and the views of affected employees and employers. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act. It found that the agreement facilitated productivity improvements, promoted high-quality jobs, and provided for fair and effective dispute resolution mechanisms. The Commission also determined that the agreement did not unfairly disadvantage any group of employees and had been fairly negotiated. The agreement was approved, and the parties were directed to take necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established