Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1357

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5060)

CYCON CIVIL PTY LTD AND THE CFMEU CIVIL 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 Cycon Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cycon Civil Pty Ltd and the CFMEU Civil 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

The Construction, Forestry, Mining and Energy Union sought approval of the Cycon Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, which was opposed by Cycon Civil Pty Ltd. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The central legal issue was whether the agreement satisfied the "better off overall test" and whether it included all the mandatory terms specified in the Fair Work Act 2009. The court had to determine if the agreement provided a balance of benefits and detriments that was at least as good as the relevant award or safety net, and whether it included all required terms such as minimum rates of pay, maximum weekly hours, and provisions for annual leave and public holidays.

The Fair Work Commission found that the agreement did meet the better off overall test and included all mandatory terms. It was determined that the agreement provided employees with benefits that were at least as good as, or better than, those provided by the relevant award. The Commission also found that the agreement contained all the necessary mandatory terms, such as minimum rates of pay, maximum weekly hours, and provisions for annual leave and public holidays. Given these findings, the Commission approved the agreement, stating that it met all the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Cycon Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, finding it to be compliant with the Fair Work Act 2009. The court's decision hinged on the comprehensive analysis of the agreement's provisions against the statutory benchmarks and its overall benefit to the employees. The Commission's approval signifies that the agreement provides a fair and balanced set of terms and conditions that meet or exceed the safety net provided by the relevant award.

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