Construction, Forestry, Mining and Energy Union

[2013] FWCA 1033

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4924)

LINDORES PERSONNEL NO.1 PTY LTD, THE RTBU AND THE CFMEU REGIONAL RAIL LINK ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Lindores Personnel No.1 Pty Ltd, the RTBU and the CFMEU Regional Rail Link Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lindores Personnel No.1 Pty Ltd, the RTBU and the CFMEU Regional Rail Link 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 and the Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[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

The Construction, Forestry, Mining and Energy Union (CFMEU) and the Rail, Tram and Bus Union (RTBU) filed an application for the approval of the Lindores Personnel No.1 Pty Ltd, the RTBU and the CFMEU Regional Rail Link Enterprise Agreement 2011-2015, which was opposed by Lindores. The Fair Work Commission heard the matter and was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it complied with the good faith bargaining requirements. The Commission also needed to assess if the agreement was in the best interests of the employees covered by it and if it was fair and reasonable.

The Commission found that the agreement was in good faith and contained all the mandatory terms required by the Fair Work Act. It was determined that the agreement was fair and reasonable and in the best interests of the employees. The Commission noted that the agreement provided for a fair and equitable resolution of the issues that arose during the bargaining process and that the parties had acted in good faith throughout the negotiations. The Commission approved the agreement, finding that it met all the necessary criteria for approval.

The Fair Work Commission approved the Lindores Personnel No.1 Pty Ltd, the RTBU and the CFMEU Regional Rail Link Enterprise Agreement 2011-2015. The agreement was found to contain all the mandatory terms prescribed by the Fair Work Act, to be in good faith, and to be in the best interests of the employees. The Commission found that the agreement was fair and reasonable and approved it accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established