Construction, Forestry, Mining and Energy Union

[2013] FWCA 840

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4714)

BUNDIRUM NOMINEES PTY LTD T/AS MFC CONTRACTORS 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 Bundirum Nominees Pty Ltd T/As MFC Contractors 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 Bundirum Nominees Pty Ltd T/As MFC Contractors 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 case involved an application for the approval of the Bundirum Nominees Pty Ltd trading as MFC Contractors and the Construction, Forestry, Mining and Energy Union (CFMEU) Civil Construction Industry Enterprise Agreement 2011-2015. The matter was heard by the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements in Australia. The dispute centred on whether the agreement met the necessary legal standards and requirements under the Fair Work Act 2009, specifically regarding the process by which the agreement was made and its compliance with the Fair Work Act.

The primary legal issues the court needed to decide were whether the agreement was made in accordance with the Fair Work Act and whether the process of making the agreement was genuinely free from coercion, duress, or other unfair practices. The court also had to consider whether the agreement met the "better off overall test," ensuring that employees were not disadvantaged by the agreement compared to their previous conditions.

The Fair Work Commission found that the agreement was made in compliance with the Fair Work Act, as it was properly negotiated between the employer and the union. The court examined the evidence and determined that the process of making the agreement was genuinely free from any unfair practices. Additionally, the court concluded that the agreement passed the better off overall test, as it provided employees with improved terms and conditions overall. Consequently, the court approved the agreement, confirming its validity and enforceability under the Fair Work Act.

The final orders of the court were to approve the Bundirum Nominees Pty Ltd T/As MFC Contractors and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, recognising it as a lawful and binding agreement between the employer and the union. The approval ensured that the terms and conditions set out in the agreement would apply to the employees, providing them with the benefits outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established