Construction, Forestry, Mining and Energy Union

[2013] FWCA 1499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5341)

BDT PTY LTD T/AS ROCKSTAR SEALING SYSTEMS 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 to approve the BDT Pty Ltd T/As Rockstar Sealing Systems 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 BDT Pty Ltd T/As Rockstar Sealing Systems 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve the BDT Pty Ltd T/As Rockstar Sealing Systems and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the terms of the enterprise agreement, specifically those related to the classification and conditions of employment of workers engaged by Rockstar Sealing Systems.

The primary legal issues the Commission had to address were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was made in good faith and without coercion. The Commission needed to determine if the agreement was genuinely negotiated and if it provided for a fair and reasonable set of terms and conditions for the employees involved.

In its decision, the Commission examined the negotiation process and the content of the agreement. It considered whether the agreement was made in good faith and without coercion, and if it provided for fair and reasonable terms. The Commission found that the agreement was the result of genuine negotiations between the parties and was made without any undue influence or coercion. The agreement was deemed to provide for fair and reasonable terms for the employees, addressing their classification and conditions of employment adequately.

Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the Fair Work Act 2009 and made in good faith. The agreement was registered, and the parties were bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established