Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2693

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6204)

R K BUILDING SERVICES PTY LTD AND THE CFMEU PRECAST PANEL INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the R K Building Services Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the R K Building Services Pty Ltd and the CFMEU Precast Panel 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 by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the R K Building Services Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015. The application was brought under the Fair Work Act 2009, which mandates that enterprise agreements must be registered by the Fair Work Commission to be enforceable. The primary dispute centred around the specific terms of the agreement, particularly those concerning wage rates, working conditions, and dispute resolution mechanisms.

The central legal issues the Commission had to address were whether the agreement met the criteria for approval under the Fair Work Act, including whether it contained only permissible matters, was made in good faith, and whether it satisfied the "better off overall test." The Commission needed to ensure that the agreement did not disadvantage employees in terms of wages and conditions compared to the applicable minimum standards and that it provided a net benefit to the employees.

In determining the application, the Fair Work Commission conducted a detailed analysis of the agreement's provisions. The Commission examined the evidence presented regarding the agreement's impact on the employees' wages and conditions, the negotiation process, and the balance of bargaining power between the parties. Ultimately, the Commission found that the agreement complied with the legislative requirements. It was deemed to be made in good faith and satisfied the better off overall test, as the overall benefits to the employees outweighed any detriments. The Commission approved the enterprise agreement, finding that it met the necessary standards for registration under the Fair Work Act.

The Fair Work Commission ordered the registration of the R K Building Services Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015. The agreement was to be binding on the employees and employers covered by it, effective from the date of the Commission's approval. The decision confirmed the agreement's validity and enforceability, thereby resolving the dispute over its terms and conditions.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established