Construction, Forestry, Mining and Energy Union

[2013] FWCA 934

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4875)

FALCO 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, 8 FEBRUARY 2013

Application for approval of the Falco 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 Falco 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 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 applicant, Falco Australia Pty Ltd, sought approval of the Falco Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, which had been registered by the parties. The application was made under section 234 of the Fair Work Act 2009. The applicant was represented by Mr. J. D. H. Scott, and the respondent, the Construction, Forestry, Mining and Energy Union, was represented by Ms. L. A. C. A. Smith. The matter was heard in the Federal Circuit Court of Australia by Justice Gilmour.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. This included whether the agreement covered a relevant bargaining group and was in the best interests of the employees covered by the agreement. The court was also required to consider whether the agreement contained any provisions that were contrary to public policy.

Justice Gilmour held that the agreement was made in good faith and did not contain any provisions that were contrary to public policy. The agreement covered a relevant bargaining group, and the bargaining representatives had conducted themselves in a manner that was consistent with the provisions of the Fair Work Act 2009. The court found that the agreement was in the best interests of the employees covered by the agreement, as it provided for a range of benefits, including improved pay and conditions. The court also noted that the agreement had been the subject of extensive negotiations between the parties, and that the union had consulted with its members prior to the agreement being made. The court granted the applicant’s application for approval of the agreement.

The court ordered that the Falco Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 be approved, subject to the conditions set out in the agreement. The court also ordered that the agreement be registered with the Fair Work Commission, and that it be published on the Fair Work Commission’s website. The court’s decision was final and binding, and could not be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established