Construction, Forestry, Mining and Energy Union

[2013] FWCA 2227

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5967)

HOULMANN BLAKE PTY LTD T/AS BREAKER BLAKE EXCAVATING & BREAKING AND THE CFMEU CIVIL 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 Houlmann Blake Pty Ltd T/As Breaker Blake Excavating & Breaking 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 Houlmann Blake Pty Ltd T/As Breaker Blake Excavating & Breaking 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 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 Construction, Forestry, Mining and Energy Union (CFME) sought approval of the Houlmann Blake Pty Ltd T/As Breaker Blake Excavating & Breaking and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the application for the approval of an enterprise agreement. The matter was heard in the Fair Work Commission. The primary legal issue the Commission was required to determine was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. This involved assessing the fairness and bona fides of the agreement, its compliance with minimum standards, and whether it was made in good faith and with proper consideration of relevant factors.

The Fair Work Commission examined the evidence presented and assessed whether the agreement met the criteria for approval. The Commission found that the enterprise agreement was made in good faith and was fair and reasonable. The agreement was deemed to comply with the relevant statutory provisions and was approved. The Commission took into account the nature of the industry, the bargaining positions of the parties, and the terms and conditions contained within the agreement. The evidence indicated that the agreement had been negotiated in a fair and transparent manner, with proper consideration given to the interests of both parties.

In light of the findings, the Fair Work Commission approved the enterprise agreement. The decision was based on the conclusion that the agreement met all the necessary requirements under the Fair Work Act 2009. The approval was granted, and the enterprise agreement between the CFMEU and Houlmann Blake Pty Ltd T/As Breaker Blake Excavating & Breaking was consequently recognised as valid and binding. The Commission's decision provided clarity and certainty regarding the terms and conditions of employment within the civil construction industry, ensuring that both parties were bound by the agreed-upon terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established