Construction, Forestry, Mining and Energy Union

[2013] FWCA 1037

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4960)

EVS GROUP AUSTRALIA PTY LTD 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 EVS Group Australia Pty Ltd 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 EVS Group Australia Pty Ltd 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 the approval of the EVS Group Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 (Cth). The applicant, EVS Group Australia Pty Ltd, sought approval of the enterprise agreement from the FWC, while the CFMEU represented the employees in the bargaining process. The dispute centred around whether the agreement complied with the provisions of the Act, particularly concerning the scope of its coverage and the processes followed in its negotiation and approval.

The key legal issues before the Commission involved whether the agreement was genuinely bargained between the parties, if it adhered to the procedural requirements set out in the Act, and if it satisfied the good faith bargaining and coverage tests. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions, and if it met the criteria for being registered under the Fair Work Act.

The Commission examined the evidence provided by both parties and found that the agreement was genuinely negotiated and met the procedural requirements. The Commission noted that the agreement was the result of good faith bargaining, as the parties had engaged in meaningful discussions and negotiations. Furthermore, the Commission determined that the agreement satisfied the coverage test and provided for fair and reasonable terms and conditions. Consequently, the Commission approved the agreement and registered it under the Fair Work Act.

In conclusion, the Commission granted approval for the EVS Group Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding that it met the requirements of the Fair Work Act. The Commission's decision was based on the genuineness of the bargaining process, the compliance with procedural requirements, and the fairness of the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established