Construction, Forestry, Mining and Energy Union

[2013] FWCA 933

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4871)

SAVA CONSTRUCTIONS 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 Sava Constructions 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 Sava Constructions 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Sava Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 in the Fair Work Commission (FWC). The dispute centred around whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The FWC had to determine if the agreement contained provisions that ensured minimum rates of pay, leave entitlements, and other conditions that complied with the Act.

The central legal issue before the FWC was whether the agreement adequately addressed the requirements of the Fair Work Act, particularly regarding minimum standards of pay and conditions. The CFMEU argued that the agreement was fair and reasonable and met all legislative requirements. The Commission needed to assess whether the agreement provided for minimum rates of pay, appropriate leave entitlements, and other conditions in line with the Act.

The FWC found that the agreement did not meet all legislative requirements as it failed to provide for adequate minimum rates of pay and leave entitlements. The Commission noted that the agreement contained some provisions that were compliant with the Fair Work Act, but overall, it did not ensure minimum standards were met in all areas. Consequently, the FWC did not approve the agreement. The CFMEU's application was dismissed on the grounds that the agreement did not sufficiently satisfy the minimum standards mandated by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established