Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 140

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14298)

COASTWIDE RIGGING PTY LTD AND THE CFMEU RIVERINA AND MURRAY REGIONAL AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Coastwide Rigging Pty Ltd and the CFMEU Riverina and Murray Regional Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Coastwide Rigging Pty Ltd and the CFMEU Riverina and Murray Regional 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 16 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Coastwide Rigging Pty Ltd and the CFMEU Riverina and Murray Regional Agreement 2011-2015. The agreement had been entered into between the employer and the union, representing the employees, and was intended to regulate employment terms and conditions for the period between 2011 and 2015. The primary legal issue before the court was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The court had to determine if the agreement was made in good faith and whether it provided for the fair and efficient determination of terms and conditions of employment. It also needed to assess whether the agreement was in the best interests of the employees and if it complied with the provisions of the Fair Work Act. The court examined the negotiation process, the content of the agreement, and its implications for the employees' rights and protections. The Commission found that the agreement was made in good faith and contained terms that were fair and efficient. It also concluded that the agreement was in the best interests of the employees and complied with the relevant statutory requirements.

Consequently, the court approved the agreement, allowing it to be registered and enforced as a registered agreement under the Fair Work Act. This decision ensured that the terms and conditions of employment for the employees of Coastwide Rigging Pty Ltd were governed by the agreed-upon provisions, providing a clear framework for their working relationship with the employer.

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