Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2510

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6089)

CONCRETE CORING AND CUTTING PTY LTD AND THE CFMEU CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Concrete Coring and Cutting Pty Ltd and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Coring and Cutting Pty Ltd and the CFMEU Concrete Sawing and Drilling 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 matter before the court involved an application for the approval of the Concrete Coring and Cutting Pty Ltd and the Construction, Forestry, Mining and Energy Union Concrete Sawing and Drilling Enterprise Agreement 2011-2015. The court was asked to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues that the court had to address were whether the agreement provided for fair and reasonable terms, and whether it was made in good faith. The court also needed to consider whether the agreement was in the best interest of the employees and the employer, and if it complied with the requirements of the Fair Work Act. Furthermore, the court had to ensure that the agreement was not contrary to public policy.

In its reasoning, the court examined the terms of the enterprise agreement and the processes that led to its creation. The court found that the agreement contained fair and reasonable terms, and that it was made in good faith. The court was satisfied that the agreement was in the best interest of the employees and the employer, and that it complied with the requirements of the Fair Work Act. The court also concluded that the agreement was not contrary to public policy. Therefore, the court approved the Concrete Coring and Cutting Pty Ltd and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015.

The court ordered that the agreement be approved and registered with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website. The court's decision was binding on both parties and would have legal effect from the date of the approval.

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