Construction, Forestry, Mining and Energy Union

[2013] FWCA 1362

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5278)

SPANZ PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Spanz 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 Spanz 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 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

The matter involved an application for approval of the Spanz Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2011-2015, which was brought before the Fair Work Commission in Australia. The dispute centred around the terms and conditions of employment for riggers and steel erectors under the proposed enterprise agreement.

The court had to determine whether the agreement met the requirements set forth in the Fair Work Act 2009, particularly focusing on whether it provided for the minimum entitlements of employees, and whether it was appropriately certified by the Australian Building and Construction Commission as a genuine agreement. This included an examination of the agreement's provisions for minimum wages, hours of work, leave entitlements, and other employment conditions.

The Fair Work Commission found that the agreement did not adequately address several critical employment conditions, such as overtime and penalty rates, as required by the Fair Work Act. The Commission also noted that the agreement had not been certified as a genuine agreement by the Australian Building and Construction Commission. As a result, the application for approval of the enterprise agreement was dismissed.

Consequently, the Fair Work Commission ordered that the Spanz Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2011-2015 be not approved, effectively rejecting the application brought before it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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