Construction, Forestry, Mining and Energy Union-Victoria Branch Summary

[2013] FWCA 116

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
(AG2012/14240)

AUSTRALIAN STAGING & RIGGING EVENTS PTY LTD AND THE CFMEU RECURRENT WORK AT THE FORMULA ONE GRAND PRIX AGREEMENT 2012-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Australian Staging & Rigging Events Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Staging & Rigging Events Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2012-2014 (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 16 January 2013. The nominal expiry date of the Agreement is 1 August 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union-Victoria Branch for the approval of an enterprise agreement between Australian Staging & Rigging Events Pty Ltd and the union. The dispute was heard by the Fair Work Commission, Australia's industrial relations tribunal. The central legal issue was whether the agreement contained all the necessary terms as required by the Fair Work Act 2009. Specifically, the union had to demonstrate that the agreement provided for the minimum entitlements of employees and met the statutory requirements for an enterprise agreement.

The Commission examined the agreement to determine if it contained all the prescribed minimum terms and conditions. It considered whether the agreement was fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The union argued that the agreement was comprehensive and met all statutory requirements. The employer, on the other hand, contended that certain provisions were not sufficiently detailed or adhered to industry standards. After reviewing the evidence and submissions, the Commission concluded that the agreement substantially complied with the Act's requirements.

The Commission found that the agreement was fair and reasonable, providing for the minimum entitlements of employees and meeting the statutory requirements for an enterprise agreement. It determined that any minor deficiencies did not detract from the overall fairness of the agreement. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer. The final orders of the Commission included the approval of the enterprise agreement, which would now govern the employment terms and conditions for the specified period.

Construction, Forestry, Mining and Energy Union-Victoria Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established