Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 827

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4674)

SOUTH EAST FIXING PTY LTD AND THE CFMEU BUILDING AND 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 South East Fixing 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 South East Fixing 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 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 Fair Work Commission involved an application for the approval of the South East Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the enterprise agreement contained the required provisions and whether it was free from prohibited content.

The legal issues before the Commission included whether the agreement had been fairly negotiated, and if it contained the mandated minimum terms and conditions, including those concerning wages and other employment conditions. The Commission also needed to assess if the agreement complied with the statutory requirements set out in the Fair Work Act, particularly those concerning the inclusion of specific provisions and the absence of prohibited content.

The Fair Work Commission found that the agreement was the product of genuine negotiations between the parties and contained all the required minimum terms and conditions. The Commission determined that the agreement was comprehensive and included all necessary provisions, including those relating to wages, hours of work, and other employment conditions. The agreement was also found to be free from any prohibited content, thereby satisfying all legal requirements. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory framework.

The final orders of the Fair Work Commission were that the South East Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act 2009. This approval ensured that the agreement would have legal effect and be binding on the parties involved.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established