Construction, Forestry, Mining and Energy Union

[2013] FWCA 1804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5685)

TREELAWNEY DEVELOPMENT TRUST T/AS TREELAWNEY EXCAVATION AND THE CFMEU BUILDING AND 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 Treelawney Development Trust T/As Treelawney Excavation 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 Treelawney Development Trust T/As Treelawney Excavation 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 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 the approval of the Treelawney Development Trust trading as Treelawney Excavation and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose from a disagreement regarding the terms of the proposed enterprise agreement, specifically focusing on the application's compliance with the relevant industrial legislation.

The central legal issue the Fair Work Commission had to address was whether the application met the criteria for approval under the Fair Work Act 2009. This involved scrutinising whether the agreement contained the necessary provisions for employee protections and whether it adhered to the procedural requirements for enterprise agreements. The Commission also needed to ensure that the agreement did not undermine the public interest by containing provisions that could lead to workplace detriments.

The Fair Work Commission, after thorough examination of the application and the enterprise agreement, determined that the application did not meet the required standards. The Commission found that certain provisions in the agreement failed to adequately protect employees and did not align with the principles of the Fair Work Act. Additionally, the Commission identified procedural deficiencies in the application process that further contributed to the decision. Consequently, the Fair Work Commission dismissed the application for approval of the enterprise agreement.

The final orders of the Fair Work Commission included the rejection of the application for approval of the enterprise agreement and a directive for the parties to revisit and revise the agreement to meet all legislative and procedural requirements before resubmitting for approval. The Commission emphasised the need for any future submissions to ensure comprehensive compliance with the Fair Work Act and to protect the interests of all employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established