Construction, Forestry, Mining and Energy Union

[2013] FWCA 213

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14546)

HANDS ON PAVING & 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, 11 JANUARY 2013

Application for approval of the Hands On Paving & 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 Hands On Paving & 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 18 January 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

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) and Hands On Paving & Construction Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement. The primary dispute centred on the terms and conditions outlined within the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The court needed to consider several legal issues, including whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. It was also necessary to assess whether the agreement dealt with the matters outlined in the Act and whether it complied with the procedural requirements of the law. Moreover, the court had to evaluate if the agreement contained any unfair provisions that could potentially undermine the protections afforded to employees.

In its decision, the Fair Work Commission found that the agreement was made in good faith and contained fair and reasonable terms and conditions. The Commission confirmed that the agreement dealt with the requisite matters and was procedurally sound. It was also determined that no provisions within the agreement were unfair, thus upholding the protections for employees. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with all relevant legal standards.

The final orders of the Commission included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, thereby providing a legally binding framework for the employment terms and conditions between the CFMEU and Hands On Paving & Construction Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established