Construction, Forestry, Mining and Energy Union

[2013] FWCA 829

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4676)

FOKUST 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 Fokust 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 Fokust 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 case was brought by the Construction, Forestry, Mining and Energy Union (CFMEU) against Fokust Pty Ltd, regarding the approval of the Fokust Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission (FWC), which is tasked with the responsibility of overseeing and approving enterprise agreements in Australia.

The primary legal issues before the FWC were whether the agreement met the procedural requirements of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The CFMEU argued that the agreement was fair and appropriate, while Fokust Pty Ltd contended that certain provisions of the agreement were not in the best interests of its employees and that the agreement did not meet the procedural requirements of the Fair Work Act.

The FWC found that the agreement met the procedural requirements of the Fair Work Act and that it was in the best interests of the employees. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The FWC also found that the agreement did not contain any terms that were contrary to the public interest.

The FWC approved the Fokust Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from 1 July 2011 to 30 June 2015. The decision of the FWC was final and binding, and could not be appealed except on a question of law. The approval of the agreement meant that it would be legally enforceable and that Fokust Pty Ltd was required to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established