Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5298)

CRAGGS ALEXANDER PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Craggs Alexander 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 Craggs Alexander 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 19 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 approval of the Craggs Alexander Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission in Australia. The primary dispute centred around the terms and conditions of employment within the agreement, specifically concerning the fairness and reasonableness of the proposed conditions as required by the Fair Work Act 2009.

The legal issues the court needed to address included whether the proposed enterprise agreement contained terms that were unfair and unreasonable and whether it met the statutory requirements for approval under the Fair Work Act. This required the court to examine various aspects of the agreement, including its provisions on wages, hours of work, and other employment conditions. The court also had to consider whether the agreement was in the interests of the national system of industrial relations and whether it complied with the procedural requirements for approval.

In its reasoning, the court found that while the proposed agreement had some terms that could be considered unreasonable, the overall fairness and compliance with the legislative requirements were satisfactory. The court noted that the agreement was a product of good faith bargaining and that the provisions were not overly harsh or punitive. It determined that the agreement met the threshold for approval as it was deemed to be fair and reasonable and in the interests of the national system of industrial relations. Consequently, the court granted the application for approval of the enterprise agreement.

The final orders of the court included the approval of the Craggs Alexander Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. This approval allowed the terms of the agreement to be binding on the parties involved, setting out the employment conditions 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