Construction, Forestry, Mining and Energy Union

[2013] FWCA 825

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4667)

G J BIGGS & A BROWN T/AS AG ALUMINIUM SOLUTIONS 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 G J Biggs & A Brown T/As AG Aluminium Solutions 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 G J Biggs & A Brown T/As AG Aluminium Solutions 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement with G J Biggs & A Brown trading as AG Aluminium Solutions. The application was brought before the Fair Work Commission. The CFMEU argued that the agreement was appropriate for the workforce and necessary to improve working conditions and job security. The company contested the application, arguing that certain provisions of the agreement were overly prescriptive and did not adequately balance the needs of the business with those of the employees.

The legal issues before the Commission involved determining whether the agreement complied with the statutory requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission needed to assess the fairness of the agreement, its compliance with the law, and whether it achieved a balance between the interests of the employer and the employees. The CFMEU argued that the agreement was necessary to improve working conditions, while the company contended that certain provisions placed undue restrictions on its ability to manage its business effectively.

The Commission found that the agreement was largely in the best interests of the employees, noting that it provided for improvements in working conditions, job security, and other benefits that were important to the workforce. The Commission also found that the agreement was generally compliant with the Fair Work Act, although it made some adjustments to certain provisions to ensure they were not overly prescriptive. The Commission concluded that the agreement achieved an appropriate balance between the interests of the employer and the employees and was therefore fair and reasonable.

The Commission approved the application for the enterprise agreement. The final orders included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, subject to the adjustments made by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established