Construction, Forestry, Mining and Energy Union

[2013] FWCA 1493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5476)

APS INDUSTRIAL SERVICES PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the APS Industrial Services Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the APS Industrial Services Pty Ltd and the CFMEU Rigger / Steel Erector 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 before the court involved an application for the approval of the APS Industrial Services Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger/Steel Erector Enterprise Agreement 2011-2015. The applicant, APS Industrial Services Pty Ltd, sought the Fair Work Commission's (FWC) approval of the enterprise agreement, which was negotiated between the company and the union. The dispute arose from the union's assertion that the agreement did not adequately address certain terms and conditions of employment, leading to a challenge over its fairness and compliance with the relevant industrial relations laws.

The primary legal issue the court needed to address was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it provided for the terms and conditions of employment that were no less favourable than the applicable award or safety net. The court had to consider the provisions of the agreement, the process through which it was negotiated, and any relevant evidence or submissions from the parties involved.

In reaching its decision, the court conducted a thorough analysis of the agreement's provisions and the negotiation process. It found that the agreement was made in good faith and without any improper influence or coercion. The court also determined that the agreement provided for terms and conditions of employment that were not less favourable than the relevant award or safety net. Consequently, the court approved the enterprise agreement, finding it to be fair and compliant with the statutory requirements. The union's concerns were addressed within the agreement's terms, leading to the court's decision to grant the approval sought by the applicant.

The final orders of the court included the approval of the APS Industrial Services Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger/Steel Erector Enterprise Agreement 2011-2015, effective from the date of the decision. The court directed that the agreement would be registered with the Fair Work Commission and would govern the employment terms and conditions for the relevant employees until the agreement's expiry or until a new agreement was approved. The union's challenge was dismissed, and the agreement was upheld as a legally binding and fair arrangement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established