Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 148

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14308)

AUSTRALIAN CONCRETE PUMPING VICTORIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Australian Concrete Pumping Victoria 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 Australian Concrete Pumping Victoria 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 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

The matter before the Fair Work Commission was an application for approval of the Australian Concrete Pumping Victoria Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The CFMEU sought approval of the agreement under section 233 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Act and whether the agreement was in the best interests of the employees.

The Commission found that the agreement met the requirements of section 230 of the Act. The agreement provided for a single employer-employee relationship, covered all employees of the employer, and contained provisions for the resolution of disputes. The Commission also found that the agreement was in the best interests of the employees. The agreement provided for a range of benefits, including increased wages and improved working conditions. The Commission noted that the agreement had been negotiated in good faith and that the employees had been given an opportunity to vote on the agreement. The Commission approved the agreement under section 233 of the Act.

The Fair Work Commission approved the Australian Concrete Pumping Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits and had been negotiated in good faith. The Commission approved the agreement and it will now be registered with the Fair Work Commission.

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