Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 114

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14239)

STATEWIDE WATER CARTAGE PTY LTD, THE RTBU AND THE CFMEU REGIONAL RAIL LINK ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Statewide Water Cartage Pty Ltd, the RTBU and the CFMEU Regional Rail Link Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Statewide Water Cartage Pty Ltd, the RTBU and the CFMEU Regional Rail Link 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 and the Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU), the Rail, Tram and Bus Union (RTBU), and Statewide Water Cartage Pty Ltd. The dispute centred around the approval of the Regional Rail Link Enterprise Agreement 2011-2015, with the Fair Work Commission being the body responsible for approving the agreement. The CFMEU and RTBU sought approval of the agreement, while Statewide Water Cartage opposed it. The central legal issues revolved around whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions, and if it was consistent with the broader public interest.

The court examined the agreement's provisions, including those related to wages, hours of work, and other employment conditions. It considered whether the agreement provided for fair and reasonable terms and conditions for employees and whether it complied with relevant legislation and industrial standards. The court also assessed whether the agreement was consistent with the broader public interest, including its potential impact on the economy and the broader community. In its reasoning, the court concluded that the agreement met the necessary criteria for approval, including providing for fair and reasonable terms and conditions and being consistent with the broader public interest.

The court found that the agreement provided for a fair and reasonable outcome for employees, with provisions that were consistent with relevant legislation and industrial standards. The court also determined that the agreement was in the broader public interest, with potential benefits for the economy and the community. As a result, the court approved the Regional Rail Link Enterprise Agreement 2011-2015. The decision was made in accordance with the relevant legislation and industrial standards, and it provided for a fair and reasonable outcome for employees while also considering the broader public interest.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established