Construction, Forestry, Mining and Energy Union

[2013] FWCA 1356

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5059)

SKILLED LABOUR & TRADES 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 the approval of the Skilled Labour & Trades 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 Skilled Labour & Trades 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

The case involved an application by Skilled Labour & Trades Pty Ltd for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission, which is Australia’s independent statutory body responsible for the resolution of workplace disputes. The primary issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a ‘registerable’ agreement, which is one that is free from prohibited content and complies with the procedural requirements.

The Fair Work Act mandates that enterprise agreements must be free from certain prohibited content, such as provisions that discriminate against certain employees or terms that are not directly related to the employment relationship. The Commission considered whether the agreement contained any such prohibited content and examined whether the agreement was procedurally sound, including the adequacy of the consultation process with employees. The Commission also assessed whether the agreement was made in good faith, as required by the Act.

In delivering its decision, the Commission found that the agreement was free from prohibited content and complied with the procedural requirements. The Commission noted that the parties had engaged in meaningful consultation and that the agreement was made in good faith. The Commission was satisfied that the agreement met all necessary criteria for approval under the Fair Work Act. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement was free from prohibited content and met all procedural and substantive requirements under the Fair Work Act. The Commission's decision confirmed the validity and enforceability of the enterprise agreement between Skilled Labour & Trades Pty Ltd and the Construction, Forestry, Mining and Energy Union.

CaseChat Overview and Summary

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