Construction, Forestry, Mining and Energy Union-Victoria Branch

[2013] FWCA 101

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
(AG2012/14210)

AJP BRICKLAYING PTY LTD AND THE CFMEU BRICKLAYING CONTRACTORS ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the AJP Bricklaying Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the AJP Bricklaying Pty Ltd and the CFMEU Bricklaying Contractors 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 16 January 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 case before the court involved an application for the approval of the AJP Bricklaying Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union - Victoria Branch (CFMEU) sought approval of the enterprise agreement under the Fair Work Act 2009. The application was contested by AJP Bricklaying Pty Ltd, which raised concerns about certain provisions within the agreement.

The central legal issue was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, AJP Bricklaying Pty Ltd argued that certain provisions did not meet the criteria for "better off overall or at least as well off" (BOOT) and raised concerns about the process through which the agreement was made. The court had to determine whether the agreement was fairly and appropriately negotiated and if it satisfied the minimum standards of the Act.

The court considered the evidence presented regarding the negotiation process and the content of the agreement. The court found that the agreement was fairly and appropriately negotiated and that the parties had complied with the requirements of the Act. The court noted that the agreement provided for terms and conditions that were at least as good as, if not better than, the applicable award or registered agreement. The court also found that the process through which the agreement was made was valid and that the agreement met the minimum standards set out in the Fair Work Act 2009.

In light of the findings, the court approved the AJP Bricklaying Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015. The court ordered that the agreement be registered and that it would have effect from the date of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established