Construction, Forestry, Mining and Energy Union

[2013] FWCA 2025

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5813)

ENDERMANN, DON T/AS MASTERSEAL 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 Endermann, Don T/As Masterseal 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 Endermann, Don T/As Masterseal 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Masterseal Enterprise Agreement 2011-2015. This agreement was between the CFMEU and Endermann, Don T/As Masterseal. The matter was heard in the Fair Work Commission. The CFMEU sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, including whether it contained mandatory provisions, and whether it was in the best interests of the employees.

The legal issues that the Commission was required to decide included whether the agreement contained mandatory terms, and if those terms were fair and reasonable. The Commission also needed to consider if the agreement met the public interest test and if it was in the best interests of the employees. The CFMEU argued that the agreement was fair and reasonable, and that it met all the statutory requirements for approval. The Commission examined the agreement closely, looking at the various terms and conditions, and whether they met the criteria for mandatory terms. The Commission found that the agreement contained mandatory terms, but these were fair and reasonable. The Commission also found that the agreement met the public interest test and was in the best interests of the employees.

The Commission approved the agreement, finding that it met all the statutory requirements for approval. The Commission considered the overall fairness and reasonableness of the agreement, as well as the interests of the employees and the public. The Commission's decision was based on a detailed examination of the agreement and the evidence presented by both parties. The CFMEU's application for approval of the agreement was ultimately successful, and the agreement was approved. The Commission's decision provides guidance for future enterprise agreements in the building and construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established