Construction, Forestry, Mining and Energy Union

[2013] FWCA 2522

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6074)

MUIR’S CONCRETING PTY LTD AS TRUSTEE FOR MUIR’S CONCRETING T/AS MUIR’S CONCRETING AND THE CFMEU CIVIL 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 Muir’s Concreting Pty Ltd as Trustee for Muir’s Concreting T/As Muir’s Concreting and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 .

[1] An application has been made for approval of an enterprise agreement known as the Muir’s Concreting Pty Ltd as Trustee for Muir’s Concreting T/As Muir’s Concreting and the CFMEU Civil 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) and Muir’s Concreting Pty Ltd were parties in a dispute concerning the approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission (FWC). The primary issue before the FWC was whether the agreement should be approved, given the concerns raised by the applicant regarding the bargaining process and the implications for the enterprise. The applicant argued that the agreement should not be approved due to issues with the representation and fairness of the bargaining process, as well as the potential negative impacts on the enterprise.

The FWC carefully examined the evidence and submissions presented by both parties. The commission assessed the process by which the agreement was negotiated and whether it complied with the requirements of the Fair Work Act 2009. Additionally, the FWC considered the potential effects of the agreement on the enterprise and its employees, as well as the broader industry. After thorough deliberation, the FWC determined that the agreement met the necessary criteria for approval, despite some procedural concerns. The commission found that the overall benefits of the agreement outweighed the issues raised, and it was in the best interest of the enterprise to approve the agreement.

Based on its findings, the FWC approved the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, subject to certain conditions. These conditions were intended to address the concerns raised by the applicant and ensure that the agreement would operate effectively and fairly within the enterprise. The final orders included specific provisions to monitor and review the implementation of the agreement, ensuring that any issues that arose could be promptly addressed. The decision by the FWC ultimately allowed for the continued operation of the agreement, providing a framework for the relationship between the CFMEU and Muir’s Concreting Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established