Construction, Forestry, Mining and Energy Union

[2013] FWCA 1115

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4993)

EN GUARD TEMPORARY FENCING PTY LTD T/AS FENCE HIRE VICTORIA AND THE CFMEU BUILDING AND 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 EN Guard Temporary Fencing Pty Ltd T/As Fence Hire Victoria 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 EN Guard Temporary Fencing Pty Ltd T/As Fence Hire Victoria 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 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 EN Guard Temporary Fencing Pty Ltd T/As Fence Hire Victoria and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement, while EN Guard Temporary Fencing Pty Ltd opposed the application.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the statutory requirements for approval, including whether it provided for the proper operation of the business and the resolution of workplace issues. The court also had to consider if the agreement was made in good faith and without coercion.

The court examined the content of the agreement and the process by which it was made. It found that the agreement was comprehensive and addressed various workplace issues, including wages, hours of work, and dispute resolution mechanisms. The court was satisfied that the agreement provided for the proper operation of the business and that it was made in good faith without any evidence of coercion. Consequently, the court approved the enterprise agreement.

The Fair Work Commission approved the EN Guard Temporary Fencing Pty Ltd T/As Fence Hire Victoria and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court found that the agreement complied with the relevant provisions of the Fair Work Act 2009 and was made in good faith without any evidence of coercion. The approval ensures that the agreement governs the employment conditions of the employees of EN Guard Temporary Fencing Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established