Construction, Forestry, Mining and Energy Union

[2013] FWCA 1645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5529)

SUPERIOR LABOURING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 MARCH 2013

Application for approval of the Superior Labouring Pty Ltd 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 Superior Labouring Pty Ltd 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 25 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 case of Construction, Forestry, Mining and Energy Union involved an application for approval of an enterprise agreement between the Superior Labouring Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2011-2015. The dispute arose from the submission of the proposed agreement to the Fair Work Commission for its approval, with the union seeking to have the agreement recognised and enforced. The matter was heard in the Federal Circuit Court of Australia.

The legal issues before the court included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the requirements for good faith bargaining and the protection of employees' rights. The court had to consider whether the agreement met the criteria for approval as stipulated by the legislation, including whether it provided for fair and reasonable terms and conditions of employment.

The court found that the agreement was compliant with the requirements of the Fair Work Act. It determined that the bargaining process had been conducted in good faith and that the terms of the agreement were fair and reasonable. The court also noted that the agreement provided adequate protections for employees, including provisions for wages, hours of work, and other conditions of employment. As a result, the court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The court's decision was based on its finding that the agreement met all necessary legal requirements. The agreement was approved and registered, enabling it to take effect as a binding contract between the parties. This outcome ensured that the terms and conditions outlined in the agreement would be legally enforceable, providing certainty and protection for both employers and employees within the specified industries.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established