Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1631

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5561)

DIAMOND CUT SAWING AND DRILLING PTY LTD AND THE CFMEU CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Diamond Cut Sawing and Drilling Pty Ltd and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Diamond Cut Sawing and Drilling Pty Ltd and the CFMEU Concrete Sawing and Drilling 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 matter before the Fair Work Commission involved an application for the approval of the Diamond Cut Sawing and Drilling Pty Ltd and the Construction, Forestry, Mining and Energy Union Concrete Sawing and Drilling Enterprise Agreement 2011-2015. The applicant, Diamond Cut, sought the Commission’s approval of the enterprise agreement, which was intended to regulate the employment terms and conditions of its employees covered by the agreement. The CFMEU opposed the application on the grounds that it did not meet the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, and if it included appropriate mechanisms for the resolution of future workplace disputes. Additionally, the Commission considered whether the agreement provided adequate safeguards for employees, particularly those in vulnerable positions, and whether it allowed for fair and transparent processes in case of disputes.

In delivering its decision, the Commission carefully examined the provisions of the agreement, focusing on the requirements for approval set out in the Fair Work Act 2009. The Commission found that the agreement contained adequate provisions for the resolution of workplace disputes and provided sufficient protections for employees. The agreement included mechanisms for the fair and transparent resolution of disputes, as well as provisions for the protection of vulnerable employees. The Commission concluded that the agreement was in the public interest and met the necessary criteria for approval. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as intended.

The final orders of the Commission included the approval of the Diamond Cut Sawing and Drilling Pty Ltd and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015, which was to be registered with the Fair Work Commission. The agreement was to apply to the employees of Diamond Cut who were covered by the agreement, and would regulate their terms and conditions of employment from the date of approval. The Commission also directed that the agreement be provided to all relevant parties and published on the Fair Work Commission’s website for transparency and accessibility purposes.

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