Construction, Forestry, Mining and Energy Union; Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6369

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union; Construction, Forestry, Mining and Energy Union
(AG2014/8884)

WRIGHT FAMILY TRUST (THE TRUSTEE FOR) T/AS BMF PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the Wright Family Trust (The Trustee For) T/As BMF 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 Wright Family Trust (The Trustee For) T/As BMF 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 and 187 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 19 September 2014. 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) and the Wright Family Trust, trading as BMF Pty Ltd. The dispute centred around the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 under the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly section 234, which sets out the criteria for approval. The Commission needed to determine if the agreement met the standards for good faith bargaining, covered the appropriate bargaining unit, and provided fair and reasonable terms for employees. Additionally, the Commission assessed whether the agreement included provisions for dispute resolution and whether it complied with the prescribed model provisions outlined in the Act.

The Commission thoroughly examined the evidence presented by both parties and considered the legal framework governing enterprise agreements. It found that the agreement in question met the criteria for approval as it was the product of good faith bargaining, covered the appropriate bargaining unit, and included fair and reasonable terms for employees. The Commission also noted that the agreement contained provisions for dispute resolution and complied with the prescribed model provisions. As a result, the Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding it to be compliant with the Fair Work Act. The Commission's decision was based on the evidence that the agreement was the result of good faith bargaining, covered the appropriate bargaining unit, and contained fair and reasonable terms for employees. Additionally, the agreement included provisions for dispute resolution and complied with the prescribed model provisions.

Construction, Forestry, Mining and Energy Union; 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