Construction, Forestry, Mining and Energy Union

[2013] FWCA 930

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4857)

PACRETE INDUSTRIES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 FEBRUARY 2013

Application for approval of the Pacrete Industries 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 Pacrete Industries 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 15 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 case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Pacrete Industries Pty Ltd, with the dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement for the years 2011 to 2015. The Fair Work Commission, acting as the court in this instance, was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The legal issues primarily revolved around whether the agreement complied with the requirements for minimum entitlements and the procedural fairness in its negotiation and execution.

The court was required to examine if the agreement provided for minimum entitlements as stipulated by the Fair Work Act, including provisions on wages, hours of work, and other employment conditions. Additionally, the court needed to assess whether the negotiation process adhered to the procedural fairness standards, ensuring that the agreement was not only legally compliant but also fairly represented the interests of both the union and the employer. The court's decision was influenced by the arguments presented by both parties and the legislative framework governing enterprise agreements.

The Fair Work Commission, after thorough deliberation, determined that the agreement substantially complied with the legal requirements. The court found that the agreement met the minimum entitlements set out in the Fair Work Act and that the negotiation process was conducted in a manner that was procedurally fair. The court approved the agreement, acknowledging that while there were minor discrepancies, they did not significantly detract from the overall compliance and fairness of the agreement. The decision underscored the importance of balancing the interests of employers and employees while ensuring adherence to statutory provisions.

The final orders of the court approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 between Pacrete Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union. The court's approval was contingent on the agreement being implemented in accordance with the terms set forth, ensuring that all provisions were adhered to and any minor discrepancies were addressed in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established