Construction, Forestry, Mining and Energy Union

[2013] FWCA 2703

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6207)

URBAN PAVING AND 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 Urban Paving and 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 Urban Paving and 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 applicant, Urban Paving and Construction Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, the Construction, Forestry, Mining and Energy Union (CFMEU), opposed the application on various grounds, including that the agreement did not comply with the requirements of section 230 of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The central legal issue before the Commission was whether the enterprise agreement met the statutory criteria for approval. Specifically, the CFMEU argued that the agreement failed to comply with section 230(1)(c) of the Act, which requires that the agreement must provide for a method for the fair and effective resolution of employee grievances. The Commission had to determine whether the grievance resolution provisions in the agreement were sufficient to meet the legislative requirements.

After reviewing the evidence and submissions from both parties, the Commission found that the grievance resolution provisions in the enterprise agreement were inadequate. The agreement did not provide a clear and accessible process for employees to raise and resolve grievances. Consequently, the Commission concluded that the agreement did not comply with section 230(1)(c) of the Fair Work Act. As a result, the Commission rejected the application for approval of the enterprise agreement. The Commission's decision was based on the failure of the agreement to meet the statutory criteria for a fair and effective grievance resolution process. The Commission did not make any further orders beyond rejecting the application for approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established