Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1365

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5283)

INTACT PROJECTS VICTORIA 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 Intact Projects Victoria 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 Intact Projects Victoria 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 sought approval for the Intact Projects Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose from disagreements regarding the terms and conditions of employment within the construction industry. The Commission was tasked with determining whether the proposed agreement met the legal standards for approval.

The primary legal issues before the Commission were whether the agreement complied with the relevant legislative requirements, particularly the Fair Work Act 2009, and whether it met the procedural prerequisites for approval. This included assessing the fairness of the agreement's terms, the process through which it was negotiated, and whether it adequately covered all necessary matters.

The Commission found that the agreement largely met the statutory criteria for approval. It considered the agreement to be fair and reasonable, given the nature of the industry and the parties' bargaining positions. The Commission also noted that the process through which the agreement was negotiated was transparent and inclusive, involving genuine bargaining between the parties. Consequently, the Commission approved the agreement, confirming its compliance with the necessary legal standards.

The Commission's decision resulted in the formal approval of the Intact Projects Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable within the specified industry.

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