Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 462

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4422)

PRO SAWING AND DRILLING PTY LTD AND THE CFMEU CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JANUARY 2013

Application for approval of the Pro Sawing and Drilling Pty Ltd and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Pro Sawing and Drilling Pty Ltd and the CFMEU Concrete Sawing and Drilling 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 Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 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 case before the court involved an application for approval of the Pro Sawing and Drilling Pty Ltd and the Construction, Forestry, Mining and Energy Union Concrete Sawing and Drilling Enterprise Agreement 2011-2015. The court was required to decide whether the enterprise agreement met the requirements of the Fair Work Act 2009 for registration and approval. The primary legal issue was whether the agreement was made in accordance with the procedures set out in the Act, particularly whether it was certified as a new agreement without existing registered agreements between the parties.

The court considered the process by which the agreement was made and the evidence provided regarding the negotiation process. It was determined that the agreement was negotiated in good faith and the process followed was consistent with the requirements of the Act. The court found that the agreement was made without pre-existing registered agreements and was therefore eligible for certification as a new agreement. The court also considered the fairness of the terms of the agreement, including the wages and conditions for employees, and found that they were not contrary to public policy or unacceptable in terms of the fairness test.

Based on the evidence and arguments presented, the court approved the enterprise agreement, finding that it met the necessary legal criteria for registration and approval. The court was satisfied that the agreement was made in good faith and in accordance with the Act, and that the terms of the agreement were fair and reasonable. The court's decision was based on a careful consideration of the evidence and arguments presented by both parties, and the court was satisfied that the agreement was in the best interests of the employees and employers involved. The final orders of the court were that the enterprise agreement be approved and registered under the Fair Work Act 2009.

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