Construction, Forestry, Mining and Energy Union

[2013] FWCA 1117

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4996)

D & F WATERS FAMILY TRUST T/AS DKT EARTHMOVING & MACHINERY PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 FEBRUARY 2013

Application for approval of the D & F Waters Family Trust T/As DKT Earthmoving & Machinery 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 D & F Waters Family Trust T/As DKT Earthmoving & Machinery 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 25 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 involved an application for approval of the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 by the D & F Waters Family Trust trading as DKT Earthmoving & Machinery Pty Ltd. The dispute was heard by the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes. The applicant, the D & F Waters Family Trust, sought to have the enterprise agreement approved, which was contested by the respondent, the Construction, Forestry, Mining and Energy Union (CFMEU). The central legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if the necessary procedural requirements were met in the process of reaching the agreement.

The court considered whether the agreement was fairly and genuinely negotiated and if it met the criteria for registration under the Fair Work Act. It was crucial to determine if the agreement contained all the necessary terms and conditions, and if it was fair and reasonable in the circumstances. Additionally, the court examined whether the agreement adhered to procedural requirements, including the provision of necessary information to the employees and the opportunity for them to seek legal advice. The court also assessed the fairness of the agreement in terms of the rights and obligations of the parties, and whether it provided for a just and equitable resolution of the employment relationship.

The Fair Work Commission found that the agreement met the statutory requirements and was fair and reasonable. The court noted that the agreement was genuinely negotiated between the parties, and all necessary procedural steps were followed. The agreement was comprehensive, covering all required terms and conditions, and provided for a fair and equitable resolution of the employment relationship. Consequently, the court approved the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The approval was granted, and the agreement was registered under the Fair Work Act, ensuring its enforceability in the industrial relations context.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established