Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1106

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4962)

RA CONCRETE CONSTRUCTIONS 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 RA Concrete Constructions 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 RA Concrete Constructions 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 Construction, Forestry, Mining and Energy Union (CFMEU) and RA Concrete Constructions Pty Ltd (RA Concrete) filed an application seeking approval of the Civil Construction Industry Enterprise Agreement 2011-2015. This agreement was intended to govern the employment terms and conditions of certain workers within the industry. The application was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal.

The legal issues central to the case involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for minimum wages and conditions, and if it had been made in accordance with the processes stipulated by the Act. Furthermore, the FWC examined whether the agreement facilitated the efficient operation of the enterprise and whether it was consistent with the national system of industrial determination.

In its decision, the FWC found that the agreement satisfied the necessary criteria for approval. It determined that the agreement provided for minimum wages and conditions and had been made in compliance with the procedural requirements set out in the Act. The FWC also concluded that the agreement was conducive to the efficient operation of the enterprise and aligned with the objectives of the national system of industrial determination. Consequently, the FWC approved the agreement, finding it to be fair and reasonable in all respects.

As a result of the FWC's approval, the Civil Construction Industry Enterprise Agreement 2011-2015 was authorised to govern the employment terms and conditions of the relevant workers, providing a legally binding framework for their industrial relations.

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