Construction, Forestry, Mining and Energy Union-Victoria Branch

[2013] FWCA 3976

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
(AG2013/6993)

EXCORP AUST PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JUNE 2013

Application for approval of the Excorp Aust Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Excorp Aust Pty Ltd and the CFMEU Civil 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 28 June 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

In the recent decision of Construction, Forestry, Mining and Energy Union-Victoria Branch, the Fair Work Commission was tasked with approving the Excorp Aust Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The application for approval was made by the Construction, Forestry, Mining and Energy Union-Victoria Branch, representing employees in the civil construction industry, and Excorp Aust Pty Ltd, a company within that industry. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, which sought to govern the relationship between the union and the employer for the period of 2011 to 2015.

The legal issues that the Fair Work Commission needed to address included whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions that ensure the agreement promotes simplicity, flexibility, and efficiency in the workplace. Additionally, the Commission had to consider whether the agreement provided for the proper and effective resolution of workplace disputes and whether it complied with the requirements for genuine bargaining. The court also needed to ensure that the agreement did not adversely affect employees in a way that was not in their best interests.

In delivering its decision, the Fair Work Commission assessed the proposed agreement against the criteria set out in the Fair Work Act 2009. The Commission found that the agreement adequately promoted simplicity, flexibility, and efficiency in the workplace, and it provided for the effective resolution of workplace disputes. Furthermore, the Commission was satisfied that the agreement reflected the outcome of genuine bargaining between the parties and did not adversely affect employees in a way that was not in their best interests. Based on these findings, the Commission approved the enterprise agreement, recognising it as a legally binding document that would govern the employment conditions in the civil construction industry for the specified period.

As a result of the Commission's decision, the Excorp Aust Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 was approved and came into effect. The agreement now serves as a binding contract between the union and the employer, outlining the terms and conditions of employment for employees within the civil construction industry during 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