Construction, Forestry, Mining and Energy Union

[2013] FWCA 158

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14468)

CARDABUILT CONSTRUCTION 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 Cardabuilt Construction 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 Cardabuilt Construction 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 involved an application for approval of the Cardabuilt Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission by the union, seeking to have the agreement registered and made binding on the parties. The employer did not contest the application but raised concerns about certain provisions of the agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues before the Commission included whether the agreement was made in accordance with the procedural requirements of the Act, and if it contained terms that were in the best interests of the employees. The employer contested specific provisions relating to overtime and shift penalties, arguing they were unfair and not in the best interests of employees. The union argued that the agreement was made fairly and provided better protections and benefits for the employees.

The Commission found that the agreement was made in accordance with the procedural requirements of the Act and contained terms that were in the best interests of the employees. The Commission held that the provisions relating to overtime and shift penalties were reasonable and not unfair, as they provided for increased protections for employees. The Commission also found that the agreement contained provisions that provided for better protections and benefits for employees, such as provisions relating to leave and redundancy. The Commission approved the agreement, making it a registered agreement under the Act.

In summary, the Fair Work Commission approved the Cardabuilt Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, finding that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission rejected the employer's argument that certain provisions were unfair and not in the best interests of employees, holding that they provided for increased protections and benefits for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established