Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2035

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5845)

BALL,TAYLOR T T/AS AUSTRALASIAN PANEL SOLUTIONS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 APRIL 2013

Application for approval of the Ball,Taylor T T/As Australasian Panel Solutions 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 Ball,Taylor T T/As Australasian Panel Solutions 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 12 April 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Ball, Taylor T/As Australasian Panel Solutions. The union sought approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which was intended to regulate the terms and conditions of employment for workers in the building and construction industry. The court had to determine whether the agreement met the necessary legal standards and if it was fair and reasonable for the workers involved.

The primary legal issues the court needed to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was appropriate to approve the agreement in light of the Fair Work Commission's (FWC) decision. The court also needed to consider whether the agreement met the criteria for being a "registered agreement" under the Act, which required it to be free from prohibited content, comply with the "better off overall test," and not have any discriminatory provisions.

The court's reasoning and outcome were based on a thorough analysis of the agreement's provisions and the evidence presented by both parties. The court found that the agreement complied with the relevant provisions of the Fair Work Act 2009 and was consistent with the FWC's decision. The court also determined that the agreement met the criteria for being a "registered agreement" and was fair and reasonable for the workers involved. Consequently, the court approved the agreement and directed that it be registered.

The final orders of the court were that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act 2009. This decision ensured that the agreement would be legally binding on the parties involved and would regulate the terms and conditions of employment for workers in the building and construction industry.

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