Construction, Forestry, Mining and Energy Union

[2013] FWCA 212

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14545)

SOLCRETE (VIC) 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 Solcrete (Vic) 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 Solcrete (Vic) 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 the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Solcrete (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement and the process by which it was negotiated. The primary concern was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement contained the mandated provisions, if it was free from prohibited content, and if the negotiation process complied with the relevant provisions of the Act. The Commission had to determine if the agreement adhered to the good faith bargaining requirement and if it was made in a manner that was free from any improper conduct. Additionally, the Commission considered whether the agreement provided for proper dispute resolution mechanisms and if it contained adequate protections for employees.

The Commission found that the agreement met the statutory requirements for approval. The agreement contained all the mandated provisions and was free from prohibited content. The Commission also determined that the negotiation process complied with the relevant provisions of the Act, as the parties engaged in good faith bargaining. The agreement was deemed to be made in a manner that was free from any improper conduct. Furthermore, the Commission found that the agreement provided for proper dispute resolution mechanisms and contained adequate protections for employees.

The Commission approved the Solcrete (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, as it met all the statutory requirements for approval under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the decision, governing the employment terms and conditions between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established