Construction, Forestry, Mining and Energy Union

[2013] FWCA 2521

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6073)

P & D CONSTRUCTIONS & MAINTENANCE 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 P & D Constructions & Maintenance 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 P & D Constructions & Maintenance 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

The Construction, Forestry, Mining and Energy Union (CFMEU) made an application for approval of the P & D Constructions & Maintenance Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under section 234 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that have been registered with the Fair Work Commission. The Fair Work Commission is an Australian Government statutory body responsible for the enforcement of workplace laws and regulations. The application was heard by the Full Bench of the Fair Work Commission.

The legal issues that the court was required to decide were whether the agreement was a genuine enterprise agreement and whether it met the requirements of the Fair Work Act. Specifically, the court had to determine whether the agreement had been made in accordance with the provisions of the Act, whether it had been made without coercion or other improper conduct, and whether it provided for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement was in the best interests of the employees covered by the agreement.

The Full Bench of the Fair Work Commission found that the agreement was a genuine enterprise agreement and met the requirements of the Fair Work Act. The court found that the agreement had been made in accordance with the provisions of the Act, without coercion or other improper conduct, and provided for fair and reasonable terms and conditions of employment. The court also found that the agreement was in the best interests of the employees covered by the agreement. The application for approval of the agreement was therefore granted.

The Full Bench of the Fair Work Commission made an order approving the P & D Constructions & Maintenance Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was registered with the Fair Work Commission and became a legally binding enterprise agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established