Construction, Forestry, Mining and Energy Union

[2013] FWCA 2501

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6072)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 APRIL 2013

Application for approval of the Nikolsons 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 Nikolsons 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.

[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 1 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

In the matter of the Construction, Forestry, Mining and Energy Union and Nikolsons Pty Ltd, the Fair Work Commission was called upon to approve an enterprise agreement between the union and the employer. The agreement, titled the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, was subject to the scrutiny of the Commission to ensure it met the legal standards set out in the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Act, including whether it met the ‘better off overall test’ which requires that employees be no worse off financially and have at least the same rights and conditions as they had before. Additionally, the Commission needed to determine if the agreement was made in good faith and if it adhered to the principles of the National Employment Standards and the modern awards applicable to the industry.

The Commission found that the agreement met all the necessary criteria. It concluded that employees would be better off overall, as they would receive improved wages and conditions, and no employee would be worse off. The Commission was satisfied that the agreement was made in good faith, with the union and employer engaging in meaningful negotiations. The agreement was also found to comply with the National Employment Standards and the applicable awards. Based on these findings, the Commission approved the agreement.

Consequently, the Fair Work Commission granted approval for the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 between the Construction, Forestry, Mining and Energy Union and Nikolsons Pty Ltd, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established