Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5531)

RIPA PUMPING 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 Ripa Pumping 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 Ripa Pumping 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 matter before the Full Bench of the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Ripa Pumping Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, with Ripa Pumping Pty Ltd contending that certain provisions were not fair and reasonable.

The legal issues before the court required the determination of whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of the agreement's fairness and reasonableness. The court was tasked with ensuring that the agreement was not contrary to public policy, did not discriminate on various prohibited grounds, and provided for a safety net of minimum terms and conditions. Additionally, the court needed to consider if the agreement had been made in good faith and whether it complied with the procedural requirements outlined in the Act.

In delivering the decision, the Full Bench of the Fair Work Commission found that the enterprise agreement did not meet the statutory requirements for approval. The court held that certain provisions of the agreement were not fair and reasonable, as they contravened the public policy of providing a safety net of minimum terms and conditions. The court was particularly concerned with provisions that allowed for reduced rates of pay and altered the dispute resolution process. Consequently, the application for approval was dismissed, and the enterprise agreement was not registered.

No further orders were made by the court, as the dismissal of the application for approval effectively nullified the proposed agreement. The decision underscores the importance of ensuring that enterprise agreements comply with the statutory framework, particularly in relation to the protection of employees' rights and the maintenance of a fair and reasonable safety net.

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