Construction, Forestry, Mining and Energy Union

[2013] FWCA 96

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/14243)

COCKRAM CONSTRUCTION NSW PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2012-2014

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 7 JANUARY 2013

Application for approval of the Cockram Construction NSW Pty Ltd / CFMEU Greenfields Agreement (ACT) 2012-2014.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Cockram Construction NSW Pty Ltd / CFMEU Greenfields Agreement (ACT) 2012-2014 (the Agreement).

[2] The Agreement was made by the employer, Cockram Construction NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2013. The nominal expiry date of the Agreement is 1 February 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) brought an application to the Fair Work Commission (FWC) seeking approval of the Cockram Construction NSW Pty Ltd / CFMEU Greenfields Agreement (ACT) 2012-2014. Cockram Construction is an entity involved in the construction industry and the CFMEU is a trade union representing employees in various industries, including construction. The dispute centred around whether the agreement, which outlined the terms and conditions of employment for employees of Cockram Construction, complied with the requirements of the Fair Work Act 2009 (Cth). The FWC was required to determine if the agreement was a "single interest employer agreement" and whether it met the criteria for approval under the Act.

The primary legal issue before the FWC was whether the agreement in question was a "single interest employer agreement" as defined by the Fair Work Act. A "single interest employer agreement" is an agreement that relates to employees who have a common or similar interest, such as employees of a particular employer or employees within a specific industry. The CFMEU argued that the agreement was a single interest employer agreement, as it related to employees of Cockram Construction. Cockram Construction, however, contended that the agreement did not meet the criteria for a single interest employer agreement and was not eligible for approval.

The FWC found that the agreement was indeed a single interest employer agreement as it related to employees of a single employer, Cockram Construction. The Commission held that the agreement covered employees who shared a common interest by virtue of being employed by the same entity. Furthermore, the FWC determined that the agreement complied with the requirements of the Fair Work Act and was therefore eligible for approval. The FWC noted that the agreement contained all the prescribed terms and conditions as outlined in the Act and did not contain any provisions that were contrary to the public interest.

In conclusion, the FWC approved the Cockram Construction NSW Pty Ltd / CFMEU Greenfields Agreement (ACT) 2012-2014, finding it to be a valid single interest employer agreement that met the criteria for approval under the Fair Work Act. The FWC's decision confirmed the eligibility of the agreement for registration and its applicability to the employees of Cockram Construction for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established