Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2225

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5965)

C & M BONGERS CONSTRUCTIONS 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 C & M Bongers Constructions 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 C & M Bongers Constructions 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 before the court involved an application for the approval of the C & M Bongers Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the enterprise agreement under the Fair Work Act 2009. The dispute arose due to objections from certain employers and employees regarding the terms of the agreement, particularly those concerning pay rates and conditions. The court was tasked with determining whether the agreement met the criteria for approval as set out in the Fair Work Act.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements for approval under the Fair Work Act. Specifically, the court had to assess if the agreement met the "better off overall test" and whether it contained all the mandatory terms prescribed by the Act. The court also needed to consider the objections raised by some parties and determine if any terms of the agreement were unfair or not in the best interests of the employees. The court had to balance the need for industrial peace and fairness with the rights of the parties involved.

The court found that the agreement largely complied with the requirements of the Fair Work Act. It determined that the agreement was fair and met the better off overall test, as it provided a balance of benefits and obligations that were considered reasonable in the circumstances. The court rejected the objections regarding the pay rates and conditions, finding that they were not excessive or unreasonable. The court also concluded that the agreement did not contain any unfair terms and was in the best interests of the employees. Consequently, the court approved the enterprise agreement, allowing it to come into effect as intended.

The final orders of the court were that the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 be approved. The agreement was to be registered and enforceable under the Fair Work Act, effective from the date of the court's approval. This decision provided certainty and legal enforceability to the terms of the agreement, ensuring that it could be implemented across the relevant industries as intended.

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