Construction, Forestry, Mining and Energy Union

[2013] FWCA 1801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5690)

NSC (AUSTRALIA) PTY LTD T/AS NATURAL STONE CONSTRUCTION AUSTRALIA PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY 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 Civil Construction Industry 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 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 29 March 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 matter before the Fair Work Commission involved an application for approval of the NSC (Australia) Pty Ltd trading as Natural Stone Construction Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015. The agreement, which was submitted for approval under the Fair Work Act 2009, sought to regulate various terms and conditions of employment for employees working in the civil construction industry.

The legal issues before the Commission centred on whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the requirements for employee representation, the scope of the agreement, and the fairness of the terms and conditions it proposed. The Commission was required to determine if the agreement met the necessary criteria for registration, including the need for adequate representation of employees, and whether the terms and conditions were fair and reasonable.

The Commission carefully examined the evidence and submissions provided by both parties. It assessed the process by which the agreement was negotiated and whether it adequately represented the interests of the employees. The Commission also considered the fairness of the proposed terms and conditions, including wages, working hours, and other employment-related matters. After thorough consideration, the Commission found that the agreement did meet the statutory requirements and was fair and reasonable. The Commission approved the agreement, thereby allowing it to be registered and enforced as a binding enterprise agreement.

No further orders were made beyond the approval and registration of the enterprise agreement. The decision confirmed the validity of the agreement, providing certainty for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established