Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 149

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14326)

RICHSTONE CIVIL PTY LTD AND THE CFMEU CIVIL 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 Richstone Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Richstone Civil Pty Ltd and the CFMEU Civil 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

In this matter, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Richstone Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission. The legal issues before the court centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning the coverage of the agreement, the process of its negotiation, and whether it complied with the good faith bargaining obligations. The CFMEU argued that the agreement was properly negotiated and covered employees in accordance with the provisions of the Act, while Richstone Civil Pty Ltd contended that certain aspects of the agreement did not comply with statutory requirements.

The court examined the evidence presented by both parties regarding the negotiation process and the content of the agreement. It found that the agreement was indeed the product of genuine and meaningful negotiations between the parties and that the process complied with the statutory obligations. The court also determined that the agreement was comprehensive in its coverage and adequately addressed the terms and conditions of employment for the relevant employees. Furthermore, the court held that the agreement did not contravene any provisions of the Act and was consistent with the principles of good faith bargaining.

In conclusion, the court approved the agreement, finding that it met all the necessary legal requirements under the Fair Work Act 2009. The court's decision was based on a thorough examination of the evidence and the applicable legal principles. The final orders of the court were that the Richstone Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 be approved and registered under the Act.

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