Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1630

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5549)

METALEX-EL PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPISE AGREEMENT 2011-2015

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

Application for approval of the Metalex-El Pty Ltd and the CFMEU Rigger / Steel Erector Enterpise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Metalex-El Pty Ltd and the CFMEU Rigger / Steel Erector Enterpise 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 involved an application for the approval of an enterprise agreement between Metalex-El Pty Ltd and the Construction, Forestry, Mining and Energy Union. The applicant, Metalex-El, sought the approval of a proposed enterprise agreement that had been negotiated with the union. The dispute was heard in the Fair Work Commission.

The primary legal issue the court needed to decide was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith and whether it contained the necessary provisions, including those related to the avoidance of industrial action. The court also needed to determine if the agreement was in the best interests of the employees and whether any provisions that might be seen as contrary to the public interest were justified.

The Fair Work Commission determined that the proposed agreement met the statutory criteria for approval. The court found that the agreement had been made in good faith and contained all the necessary provisions. It also concluded that the agreement was in the best interests of the employees and that any provisions potentially contrary to the public interest were justified in the circumstances. The Commission approved the enterprise agreement, noting the benefits it provided to the employees in terms of wages, conditions, and dispute resolution mechanisms.

The Fair Work Commission's decision was that the Metalex-El Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 was approved and could be registered. The agreement was set to take effect from the date of the Commission's decision, providing a legally binding framework for the employment relationship between the parties for the specified period.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established