Construction, Forestry, Mining and Energy Union

[2013] FWCA 2023

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5809)

W & P EDGE PTY LTD T/AS EDGE DRILLING AND THE CFMEU CIVIL 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 W & P Edge Pty Ltd T/As Edge Drilling and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the W & P Edge Pty Ltd T/As Edge Drilling and the CFMEU Civil 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 parties involved in this dispute were the Construction, Forestry, Mining and Energy Union (CFMEU) and W & P Edge Pty Ltd T/As Edge Drilling. The case pertained to the approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Australian Industrial Relations Commission. The CFMEU sought to have the enterprise agreement approved by the Commission, while W & P Edge Pty Ltd contested the approval.

The primary legal issues the court had to address involved whether the agreement met the necessary statutory requirements under the Fair Work Act 2009 and whether the agreement was genuinely bargained and not made under duress or coercion. Specifically, the court examined whether the agreement was fair and whether it included appropriate provisions for the protection of employees’ rights and interests. Additionally, the court needed to determine if the process leading to the agreement was transparent and free from any undue influence or pressure.

The Australian Industrial Relations Commission evaluated the agreement's compliance with the statutory requirements and assessed the bargaining process. The Commission found that the agreement was fairly negotiated and contained provisions that adequately protected the employees' rights and interests. The Commission also determined that the agreement was genuinely bargained and not made under duress or coercion. Consequently, the Commission approved the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The court's decision was based on the evidence presented, which demonstrated that the agreement met all necessary criteria and was in the best interests of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established