Construction, Forestry, Mining and Energy Union

[2013] FWCA 1333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5288)

QA STEEL FIXING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 MARCH 2013

Application for approval of the QA Steel Fixing 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 QA Steel Fixing 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 12 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the QA Steel Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the terms and conditions of employment within the agreement, with specific attention to various clauses that the applicant and respondent had differing views on.

The legal issues before the court encompassed the interpretation and validity of certain clauses in the agreement, including those related to wages, working hours, and dispute resolution mechanisms. A significant focus was on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring that employees were not disadvantaged compared to the applicable awards.

The court meticulously reviewed the provisions of the agreement and considered submissions from both parties. It found that while the majority of the agreement aligned with the statutory framework, several clauses did not adequately protect employee rights or were inconsistent with the applicable awards. Consequently, the court made specific amendments to ensure compliance and fairness, ultimately approving the agreement with the modified terms. The final orders reflect these adjustments, ensuring the agreement meets the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established