Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 472

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4406)

STATESMEN BUILDERS & CONSTRUCTION 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 Statesmen Builders & Construction 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 Statesmen Builders & Construction 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

The Construction, Forestry, Mining and Energy Union (CFMEU) and Statesmen Builders & Construction Pty Ltd brought an application before the Fair Work Commission (FWC) for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was entered into between the applicant union and the applicant employer, representing various construction industry employees and employers. The primary dispute centred around the terms and conditions of employment, including wages, hours of work, and other related matters, which were to be governed by the proposed agreement. The FWC was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC involved ensuring that the agreement did not include any provisions that were contrary to the public interest or that would have an adverse effect on the employees' terms and conditions of employment. Furthermore, the FWC had to assess whether the agreement provided for proper minimum terms and if it contained adequate dispute resolution mechanisms. The FWC also considered the implications of the agreement on the broader construction industry and the potential impact on the relationship between employers and employees.

In reaching its decision, the FWC examined the provisions of the agreement and the relevant legislative framework. The FWC found that the agreement contained provisions that were necessary to protect the rights and interests of employees and employers and did not contravene the public interest. The FWC determined that the agreement provided for proper minimum terms and contained appropriate dispute resolution mechanisms. Consequently, the FWC approved the agreement, finding that it met the statutory requirements for approval under the Fair Work Act 2009.

The FWC's final orders included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 between the CFMEU and Statesmen Builders & Construction Pty Ltd. The agreement was to be registered and would govern the terms and conditions of employment for the relevant employees and employers within the construction industry. The FWC's decision provided clarity and certainty for both parties involved and established a framework for the resolution of any future disputes that may arise under the agreement.

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