Construction, Forestry, Mining and Energy Union-Victoria Branch

[2013] FWCA 3975

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
(AG2013/6985)

SRW SURVEYORS PTY LTD AND THE CFMEU BUILDING AND 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 SRW Surveyors 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 SRW Surveyors 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 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

The matter before the court involved the Construction, Forestry, Mining and Energy Union-Victoria Branch, which sought approval of the SRW Surveyors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission, which is responsible for overseeing and regulating workplace agreements in Australia. The union argued that the proposed enterprise agreement should be approved, while the employer contested the union's claims.

The key legal issues that the court needed to decide centred around whether the proposed enterprise agreement met the necessary legal criteria for approval. This included examining whether the agreement had been genuinely negotiated, whether it contained the required provisions, and whether it was in the best interests of the employees. Additionally, the court had to consider whether the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the parties involved.

The court examined the evidence presented by both the union and the employer, and assessed the proposed agreement against the relevant legal framework. The Fair Work Commission found that the enterprise agreement had been genuinely negotiated, contained the required provisions, and was fair and reasonable. The court also considered the interests of the employees and determined that the agreement was in their best interests. As a result, the court approved the SRW Surveyors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The final orders of the court confirmed the approval of the enterprise agreement, allowing it to take effect and govern the employment relationship between the parties. This decision ensures that the agreed terms and conditions of employment will be upheld and enforced in accordance with 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