Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2223

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5961)

MASTERAFIX STEELFIXING 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 Masterafix Steelfixing 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 Masterafix Steelfixing 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

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Masterafix Steelfixing Pty Ltd, with the dispute centred on the approval of the 2011-2015 Enterprise Agreement. The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal. The CFMEU sought approval of the agreement, which was opposed by Masterafix on several grounds, including that the agreement contained provisions that were not in accordance with the Fair Work Act 2009. The legal issues before the Commission centred on whether certain provisions of the Enterprise Agreement contravened the Act or were otherwise unfair or unreasonable. The Commission needed to determine if the provisions regarding shift allowances, overtime, and penalty rates were consistent with the statutory framework and whether they unfairly disadvantaged the employer.

The Fair Work Commission carefully reviewed each contested clause, weighing the interests of both parties and the broader implications for the industry. The Commission found that several provisions of the agreement, including those concerning shift allowances and overtime, were not in breach of the Act and did not unduly burden the employer. It held that the agreement contained fair and reasonable terms that adequately reflected the bargaining positions of both parties. The Commission approved the Enterprise Agreement, subject to certain modifications to address minor discrepancies with the Fair Work Act. The decision highlighted the importance of balancing the rights of employees and employers while ensuring that workplace agreements are equitable and compliant with legislative standards.

The Fair Work Commission's decision resulted in the approval of the Enterprise Agreement with modifications to specific clauses. The modifications were aimed at ensuring compliance with the Fair Work Act and addressing the employer's concerns about the original provisions. The decision underscored the Commission's role in facilitating fair and balanced agreements that protect the interests of both employees and employers. This case exemplifies the Commission's approach to resolving disputes over enterprise agreements, emphasizing the need for agreements to be fair, reasonable, and in line with the statutory requirements.

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