Construction, Forestry, Mining and Energy Union

[2013] FWCA 142

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14301)

COASTWIDE SITE SERVICES 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 Site Services 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 Site Services 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Coastwide Site Services Pty Ltd and the CFMEU Riverina and Murray Regional Agreement 2011-2015, the Fair Work Commission was called upon to determine whether the proposed enterprise agreement should be approved. The application was made by the Construction, Forestry, Mining and Energy Union, and the respondent was Coastwide Site Services Pty Ltd. The agreement in question was a regional enterprise agreement covering employees working in the Riverina and Murray regions.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement contained terms and conditions that were procedurally and substantively compliant with the Act. The Commission also needed to consider the fairness test, which requires that the agreement does not undermine the ability of employees to protect their health, safety and welfare or that it does not otherwise have a detrimental effect on employees.

The Fair Work Commission found that the proposed enterprise agreement was procedurally valid as it had been appropriately negotiated between the parties. The Commission also determined that the agreement was substantively compliant with the Fair Work Act. The terms and conditions of the agreement did not contravene any of the provisions of the Act and were consistent with the safety nets contained therein. Moreover, the Commission concluded that the agreement passed the fairness test as it did not undermine the health, safety, or welfare of the employees. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

As a result of the Commission's decision, the Coastwide Site Services Pty Ltd and the CFMEU Riverina and Murray Regional Agreement 2011-2015 was approved and registered with the Fair Work Commission. This decision provides a binding framework for the terms and conditions of employment for employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established