Construction, Forestry, Mining and Energy Union

[2013] FWCA 2196

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/726)

CMF PROJECTS PTY LTD - GENERAL BUILDING AND CONSTRUCTION (QUEENSLAND) ENTERPRISE AGREEMENT 2011 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 APRIL 2013

Application for approval of the CMF Projects Pty Ltd - General Building and Construction (Queensland) Enterprise Agreement 2011 - 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 March 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the CMF Projects Pty Ltd - General Building and Construction (Queensland) Enterprise Agreement 2011 - 2015 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that the Agreement contains a handwritten amendment at clause 1.5. By way of a sworn declaration, the Employer has confirmed that the handwritten amendment was made prior to the Agreement being issued to employees at the commencement of the access period.

[4] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

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 CMF Projects Pty Ltd, which was in the process of merging with another company. The dispute centred around the approval of the General Building and Construction (Queensland) Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission of Australia.

The legal issues that the Fair Work Commission had to decide included whether the agreement was genuinely negotiated, if it complied with relevant legislative requirements, and if it met the standards of good faith bargaining. The CFMEU argued that the agreement did not comply with the legislative requirements, while CMF Projects Pty Ltd contended that the agreement was negotiated in good faith and met all necessary criteria.

In its decision, the Fair Work Commission examined the negotiation process and found that there were issues with the bargaining process, particularly in relation to the disclosure of information and the opportunity for meaningful discussion. The Commission concluded that the agreement did not meet the standards of good faith bargaining and did not comply with the necessary legislative requirements. Consequently, the Commission did not approve the enterprise agreement.

The Fair Work Commission's decision provides clarity on the standards required for genuine negotiation and good faith bargaining in the context of enterprise agreements. The rejection of the agreement highlights the importance of meeting legislative requirements and the need for parties to engage in meaningful discussions during the negotiation process. The outcome of this case serves as a reminder to employers and unions of the responsibilities they have when negotiating enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established