Construction, Forestry, Mining and Energy Union

[2013] FWCA 2220

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5957)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 APRIL 2013

Application for approval of the Steelvision 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 Steelvision 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 19 April 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 this matter, the Construction, Forestry, Mining and Energy Union (CFMEU) made an application for approval of the Steelvision Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose between the CFMEU, representing employees, and Steelvision, an employer in the building and construction industry. The Fair Work Commission was the court tasked with determining whether the agreement should be approved.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions for employees, including minimum rates of pay and entitlements. The Commission also had to determine if the agreement complied with procedural requirements, such as proper consultation and notice provisions.

In its decision, the Commission found that the agreement substantially complied with the legislative criteria. The Commission noted that while there were minor procedural issues, these did not significantly impact the fairness or reasonableness of the agreement's terms. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, including appropriate pay rates and entitlements, and that it complied with most of the procedural requirements. Therefore, the Commission approved the agreement, highlighting the importance of procedural compliance in future agreements.

No further orders were made by the Commission beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established