Construction, Forestry, Mining and Energy Union-Victoria Branch

[2014] FWCA 3656

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2014/6197)

NOISE CONTROL ENGINEERING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 3 JUNE 2014

Application for approval of the Noise Control Engineering 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 Noise Control Engineering 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 10 June 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 before the court was an application for the approval of an enterprise agreement between Noise Control Engineering Pty Ltd and the Construction, Forestry, Mining and Energy Union-Victoria Branch. The application was made under section 186 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment, particularly those relating to noise exposure and control measures within the industry. The matter was heard in the Fair Work Commission.

The primary legal issue that the Commission needed to decide was whether the proposed enterprise agreement met the requirements set forth in the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any unfair provisions. The Commission also had to consider whether the agreement had been genuinely negotiated between the parties and whether it complied with the good faith bargaining obligations.

In determining the matter, the Commission examined the specifics of the agreement, including provisions on wages, hours of work, and conditions of employment. The Commission also considered submissions from both parties and any relevant industry standards and practices. The Commission concluded that the agreement was fair and reasonable, and it met all statutory requirements. The Commission found that the agreement was the result of genuine negotiations and that it complied with the good faith bargaining obligations. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Noise Control Engineering Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding it to be fair, reasonable, and genuinely negotiated in compliance with all statutory requirements. The agreement was thus approved under section 186 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established