Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 473

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4454)

THE RICCOTTI FAMILY TRUST T/AS LANDWORKS LANDSCAPING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 JANUARY 2013

Application for approval of The Riccotti Family Trust T/As Landworks Landscaping 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 Riccotti Family Trust T/As Landworks Landscaping 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 29 January 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union, the Fair Work Commission (FWC) was asked to approve a proposed enterprise agreement between The Riccotti Family Trust trading as Landworks Landscaping Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU sought to have the agreement approved, arguing that it met the statutory requirements for an enterprise agreement under the Fair Work Act 2009 (Cth). Conversely, Landworks argued that the agreement did not comply with certain provisions of the Act and should not be approved.

The central legal issue before the FWC was whether the proposed agreement met the criteria for approval under section 230 of the Fair Work Act. This included whether the agreement was a genuine enterprise agreement, had been fairly negotiated, and contained the necessary good faith provisions. The FWC had to assess the agreement's compliance with these statutory requirements, considering the parties' submissions and any relevant evidence.

The FWC found that the proposed agreement was a genuine enterprise agreement that had been fairly negotiated and contained the necessary good faith provisions. The Commission noted that the agreement provided for a transparent and fair process for resolving disputes and included provisions for good faith bargaining. The FWC also found that the agreement met the other statutory requirements for approval under the Fair Work Act. Accordingly, the FWC approved the proposed agreement.

The FWC's decision provides useful guidance for employers and unions seeking to negotiate and approve enterprise agreements. The decision highlights the importance of ensuring that agreements meet the statutory requirements for approval, including the need for genuine enterprise agreements that have been fairly negotiated and contain the necessary good faith provisions. Employers and unions should carefully consider the FWC's decision when negotiating and seeking approval for enterprise agreements to ensure compliance with the Fair Work Act.

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