Construction, Forestry, Mining and Energy Union

[2013] FWCA 1032

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4915)

B P COSTA TRUST (THE TRUSTEE FOR) T/AS COSTA CONSTRUCTIONS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 14 FEBRUARY 2013

Application for approval of the B P Costa Trust (The Trustee for) T/As Costa Constructions 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 B P Costa Trust (The Trustee for) T/As Costa Constructions 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 21 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

In the matter of an application for approval of the B P Costa Trust (the trustee for) T/As Costa Constructions and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, the case was heard by the Fair Work Commission. The dispute arose from an application by the B P Costa Trust for the approval of the agreement, which was subsequently challenged by the CFMEU. The agreement in question was a proposed enterprise agreement between the employer and the union, aimed at regulating the terms and conditions of employment within the building and construction industry.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "single, integrated agreement" and if it adhered to the provisions for employee representation and the inclusion of appropriate minimum terms and conditions. The Commission also needed to assess whether the agreement was fair and balanced, considering the interests of both the employer and the employees.

Upon examining the evidence and submissions presented by both parties, the Commission found that the agreement was a single, integrated agreement as it covered all employees of the employer within the relevant enterprise. The Commission also determined that the agreement appropriately included the necessary minimum terms and conditions and allowed for adequate employee representation. After considering the submissions and evidence, the Commission concluded that the agreement was fair and balanced. Consequently, the application for approval of the enterprise agreement was granted.

As a result of the Commission's decision, the B P Costa Trust (the trustee for) T/As Costa Constructions and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 was approved. The agreement now governs the employment terms and conditions for employees within the specified enterprise, subject to the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established