Construction, Forestry, Mining and Energy Union

[2013] FWCA 1800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5688)

NSC (AUSTRALIA) PTY LTD T/AS NATURAL STONE CONSTRUCTION AUSTRALIA PTY LTD AND THE CFMEU SUB-DIVISIONAL AND MINOR WORKS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MARCH 2013

Application for approval of the NSC (Australia) Pty Ltd T/As Natural Stone Construction Australia Pty Ltd and the CFMEU Sub-Divisional and Minor Works Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the NSC (Australia) Pty Ltd T/As Natural Stone Construction Australia Pty Ltd and the CFMEU Sub-Divisional and Minor Works 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] The agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] The agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 29 March 2013. The nominal expiry date of the Agreement is 1 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a sub-divisional and minor works enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and NSC (Australia) Pty Ltd, trading as Natural Stone Construction Australia Pty Ltd. The dispute was heard by the Fair Work Commission of Australia. The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the provisions for the fair and equitable treatment of employees, and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission considered various aspects of the agreement, including the provisions for wages, conditions, and dispute resolution mechanisms. The Commission evaluated whether the agreement met the standards for procedural fairness and whether it was negotiated in good faith. Additionally, the Commission examined whether the agreement provided for the fair and equitable treatment of employees, including the protection of their rights and interests. The Commission concluded that the agreement was fair and balanced, and it was approved as it met the legislative requirements and adhered to the principles of good faith bargaining.

The Fair Work Commission approved the agreement, finding that it was fair and equitable and complied with the necessary legislative standards. The Commission determined that the agreement provided for the fair and equitable treatment of employees and that it was negotiated in good faith. The approval of the agreement ensures that the terms and conditions of employment for the employees of NSC (Australia) Pty Ltd are legally binding and enforceable. The Commission's decision provides clarity and certainty for both the employer and the employees regarding the terms of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established