Construction, Forestry, Mining and Energy Union

[2013] FWCA 2034

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5844)

DF CONCRETE PTY LTD 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 DF Concrete 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 DF Concrete 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 12 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 approval of the DF Concrete Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around whether the enterprise agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission heard the matter and was required to decide whether the agreement complied with the statutory provisions for enterprise agreements under the Act. Key issues included the agreement's coverage, its compliance with the good faith bargaining requirements, and whether it contained the minimum terms and conditions mandated by the Act.

In delivering its decision, the Commission considered whether the agreement was made in good faith, covered the appropriate employees, and contained the necessary minimum terms and conditions. The Commission also examined whether the agreement was free from prohibited content and was consistent with the objectives of the Act, which include facilitating high levels of economic and employment growth and high and sustainable levels of employment. After reviewing the submissions and evidence, the Commission found that the agreement was made in good faith, was free from prohibited content, and contained the required minimum terms and conditions. The Commission concluded that the agreement met all the statutory requirements and approved it.

Consequently, the Fair Work Commission approved the DF Concrete Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court found that the agreement complied with the Fair Work Act 2009 and was therefore valid and enforceable. This decision ensures that the terms and conditions set out in the agreement are applicable to the relevant employees, providing a framework for their employment relationship with DF Concrete Pty Ltd. The final orders of the Commission were that the agreement be approved and registered, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established