Construction, Forestry, Mining and Energy Union

[2013] FWCA 113

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14237)

3000 VENTURE TRUST T/AS 3000 CORPORATION 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 3000 Venture Trust T/As 3000 Corporation 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 3000 Venture Trust T/As 3000 Corporation 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 Construction, Forestry, Mining and Energy Union (CFMEU) filed an application seeking approval of the 3000 Venture Trust T/As 3000 Corporation Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission, which was required to determine if the enterprise agreement met the legal requirements for approval.

The central legal issue before the Commission was whether the agreement complied with the statutory provisions of the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement had been fairly negotiated and whether it contained terms and conditions that were consistent with the Act. The Commission also had to assess whether the agreement provided for the proper operation of businesses and if it met the genuine agreement requirement.

The Fair Work Commission, after reviewing the application, found that the agreement was fairly negotiated and met all statutory requirements. The Commission noted that the agreement contained terms and conditions that were consistent with the Fair Work Act 2009, and it was in the best interest of the employees and employers involved. The Commission also determined that the agreement facilitated the proper operation of businesses within the industry and satisfied the genuine agreement criteria. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission granted the application and approved the 3000 Venture Trust T/As 3000 Corporation Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of approval. The decision underscored the importance of ensuring that enterprise agreements meet the statutory requirements set out in the Fair Work Act 2009, promoting fair and consistent terms and conditions in the building and construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established