Construction, Forestry, Mining and Energy Union

[2013] FWCA 970

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4670)

APR CONTRACTING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 FEBRUARY 2013

Application for approval of the APR Contracting 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 APR Contracting 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 19 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 recent case of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to approve the APR Contracting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the procedural fairness of the process leading to the agreement and whether it adequately represented the interests of the employees.

The primary legal issues the Commission had to address were whether the union had followed proper procedures in representing the employees and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the union's conduct during the negotiation and ratification process was fair and whether the agreement provided for the employees' wages, conditions, and other terms of employment in a manner that was just and equitable.

The Commission found that the union had indeed followed proper procedures in negotiating and ratifying the agreement, thereby ensuring procedural fairness. The Commission also determined that the agreement met all statutory requirements for approval, providing adequate protections and benefits for the employees. The agreement was comprehensive and covered various aspects of employment, including wages, hours of work, leave provisions, and dispute resolution mechanisms, which the Commission found to be fair and reasonable.

The Fair Work Commission approved the APR Contracting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, recognising it as a fair and just agreement that adequately represents the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established