Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5344)

RACE RIGGING PTY LTD AND THE CFMEU RECURRENT WORK AT THE FORMULA ONE GRAND PRIX AGREEMENT 2012-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 MARCH 2013

Application for approval of the Race Rigging Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Race Rigging Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2012-2014 (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 19 March 2013. The nominal expiry date of the Agreement is 1 August 2014.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of an enterprise agreement between Race Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement, titled the "Race Rigging Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2012-2014," was brought forward for consideration by the applicant, Race Rigging Pty Ltd. The primary dispute centred on whether the proposed agreement complied with the provisions of the Fair Work Act 2009 and whether it met the necessary requirements for registration with the Fair Work Commission.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the registration of enterprise agreements. The court had to determine whether the agreement met the statutory criteria for approval, including whether it provided for the protection of employees' rights, included appropriate dispute resolution mechanisms, and adhered to the procedural requirements set forth by the Act. Furthermore, the court examined whether the agreement was made in good faith and if it included all necessary information to ensure transparency and fairness for the employees involved.

In its reasoning, the Fair Work Commission found that the agreement did not meet certain statutory requirements. The Commission noted that the agreement failed to include specific provisions regarding the rights and obligations of the employees, as mandated by the Fair Work Act. Additionally, the Commission determined that the agreement did not adequately address certain procedural requirements, such as the provision of information to employees and the inclusion of a dispute resolution process. Consequently, the Commission concluded that the agreement was not eligible for approval and registration under the Act. The Commission ordered that the application for approval of the agreement be dismissed, thereby maintaining the status quo and leaving the terms of employment to be governed by the applicable awards and general law until a compliant agreement could be developed and approved.

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