Construction, Forestry, Mining and Energy Union

[2013] FWCA 823

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4660)

IDIG DEVELOPMENTS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 FEBRUARY 2013

Application for approval of the Idig Developments Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Idig Developments Pty Ltd and the CFMEU Civil 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 13 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 matter before the Full Bench of the Fair Work Commission involved an application for the approval of the Idig Developments Pty Ltd and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2011-2015. The application was made by the union, and the employer contested the application on the basis that the agreement contained provisions which were not fairly and reasonably negotiated and were not in accordance with the principles of good faith bargaining.

The primary legal issue for the court was to determine whether the provisions in the enterprise agreement were fairly and reasonably negotiated and aligned with the principles of good faith bargaining. The court had to examine the negotiation process and the content of the agreement to ensure that it complied with the relevant legislative framework.

The court found that the negotiation process had been conducted in good faith, and the provisions of the agreement were fair and reasonable. The court noted that the agreement contained provisions that were beneficial to both parties and were consistent with the principles of good faith bargaining. The court concluded that the agreement met the legal requirements for approval and granted the application for approval. The employer's objections were dismissed.

No further orders were made by the court. The decision provides guidance on the requirements for approving an enterprise agreement and the importance of good faith bargaining in the negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established