Construction, Forestry, Mining and Energy Union

[2013] FWCA 145

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14306)

BRADLEY INDUSTRIAL & COMMERCIAL 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 Bradley Industrial & Commercial 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 Bradley Industrial & Commercial 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 the Fair Work Act 2009, the applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), applied to the Fair Work Commission for approval of the Bradley Industrial & Commercial Pty Ltd and the CFMEU Riverina and Murray Regional Agreement 2011-2015. The applicant sought approval of the agreement as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement contained genuine bargaining, had been negotiated in good faith, and was in the best interests of the employees covered by the agreement. The application was opposed by the employer, Bradley Industrial & Commercial Pty Ltd, who argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement contained genuine bargaining, had been negotiated in good faith, and was in the best interests of the employees covered by the agreement. The court considered the evidence presented by both parties and examined the terms of the agreement. The court found that the agreement contained genuine bargaining, had been negotiated in good faith, and was in the best interests of the employees covered by the agreement. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The court also found that the agreement contained provisions for the resolution of disputes between the parties, which was in the best interests of the employees.

The Fair Work Commission approved the Bradley Industrial & Commercial Pty Ltd and the CFMEU Riverina and Murray Regional Agreement 2011-2015 as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement contained genuine bargaining, had been negotiated in good faith, and was in the best interests of the employees covered by the agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The Commission also found that the agreement contained provisions for the resolution of disputes between the parties, which was in the best interests of the employees. The Commission approved the agreement as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established