Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1167

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5031)

THE KELLBELL BUSINESS TRUST T/AS KELLBELL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 20 FEBRUARY 2013

Application for approval of The Kellbell Business Trust T/As Kellbell 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 Kellbell Business Trust T/As Kellbell 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 27 February 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 involves an application for approval of a particular enterprise agreement. The applicants, The Kellbell Business Trust trading as Kellbell Pty Ltd, seek approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made to the Fair Work Commission (FWC), which is the body responsible for approving such agreements under the Fair Work Act 2009. The respondents, the Construction, Forestry, Mining and Energy Union (CFMEU), opposed the application on various grounds, including concerns about the agreement's compliance with the Act and its potential impact on the industry.

The primary legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act and if it was in the best interests of the employees. This involved examining whether the agreement was appropriately negotiated, whether it contained provisions that complied with the Act's objectives, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the FWC had to consider the arguments presented by both parties regarding the agreement's impact on the industry and its members.

In rendering its decision, the FWC carefully considered the evidence and submissions from both parties. The Commission found that the agreement was appropriately negotiated and contained provisions that were consistent with the objectives of the Fair Work Act. The FWC also determined that the agreement provided for fair and reasonable terms and conditions of employment. Given these findings, the FWC approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, rejecting the respondents' arguments against it. The decision was made in the interest of the employees and the industry as a whole.

The FWC's final order was that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved, effective from the date of the decision. This means that the agreement will now govern the employment terms and conditions for the employees covered by it, and it will remain in force until the next scheduled review or until it is otherwise terminated or replaced. The decision provides clarity and certainty for the parties involved and sets a precedent for future enterprise agreements in the 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