Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5477)

LAMB FAMILY TRUST (TRUSTEE FOR) T/AS BCW DEMOLITION PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Lamb Family Trust (Trustee for) T/As BCW Demolition Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lamb Family Trust (Trustee for) T/As BCW Demolition Pty Ltd and the CFMEU Demolition 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 applicants, the Lamb Family Trust (Trustee for) trading as BCW Demolition Pty Ltd, sought approval from the Fair Work Commission of the CFMEU Demolition Enterprise Agreement 2011-2015. The respondents, the Construction, Forestry, Mining and Energy Union, opposed the application. The Commission was required to determine whether the agreement met the requirements of section 233 of the Fair Work Act 2009.

The key legal issue before the court was whether the enterprise agreement provided for the fair and efficient operation of the enterprise while also considering the needs and interests of employees. The court considered whether the agreement adequately protected employees' rights and interests, and whether it was consistent with the principles of the Fair Work Act.

The Commission found that the agreement was fair and reasonable in all its terms, providing for the fair and efficient operation of the enterprise while also protecting employees' rights and interests. The court considered that the agreement provided for appropriate levels of pay and conditions, and that it was consistent with the principles of the Fair Work Act. The court also found that the agreement provided for the fair and efficient operation of the enterprise, and that it was in the best interests of both the employees and the employer.

The Fair Work Commission approved the CFMEU Demolition Enterprise Agreement 2011-2015, finding that it was fair and reasonable in all its terms and provided for the fair and efficient operation of the enterprise.

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