Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 834

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4685)

A GRADE CONCRETE CONSTRUCTIONS 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 A Grade Concrete Constructions 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 A Grade Concrete Constructions 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 before the Full Bench of the Fair Work Commission involved an application for approval of the A Grade Concrete Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The agreement sought to regulate the terms and conditions of employment for employees of A Grade Concrete Constructions Pty Ltd, and the dispute centred on whether the agreement complied with the relevant statutory requirements for approval.

The legal issues before the court were whether the agreement met the procedural and substantive requirements of the Fair Work Act 2009. Procedurally, the court had to consider whether the agreement was genuinely negotiated and whether the necessary processes were followed in its creation. Substantively, the court needed to determine if the agreement provided for the minimum entitlements as set out in the Fair Work Act and whether it contained any terms that would be detrimental to employees.

The Full Bench of the Fair Work Commission held that the agreement was properly negotiated and met all procedural requirements. It was found that the agreement contained all necessary minimum entitlements and that any provisions that might be seen as detrimental were outweighed by the benefits to the employees. The court approved the agreement, noting that it provided fair and reasonable terms for the employees and complied with the statutory requirements.

The Fair Work Commission approved the A Grade Concrete Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the employees of A Grade Concrete Constructions Pty Ltd for the specified period.

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