Stephen Little Constructions Pty Ltd

[2013] FWCA 678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stephen Little Constructions Pty Ltd
(AG2012/14280)

STEPHEN LITTLE CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 30 JANUARY 2013

Application for approval of the Stephen Little Constructions Pty Ltd / CFMEU Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Stephen Little Constructions Pty Ltd / CFMEU Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Stephen Little Constructions Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (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. As required by s.201(2) I note that the Agreement covers the CFMEU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 6 February 2013. The nominal expiry date of the Agreement is 15 January 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Stephen Little Constructions Pty Ltd, sought approval of the 2012 collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the applicant’s contention that the agreement was necessary to maintain its business viability and the union’s opposition, primarily due to concerns over the agreement's provisions on casual employment and wage rates.

The central legal issues before the Commission involved whether the provisions in the proposed agreement were consistent with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to assess whether the agreement's terms regarding casual employment and wage rates were fair and reasonable, and whether they complied with the requirements for registered organisations under the Act.

The Commission found that the provisions in the agreement were necessary to support the applicant’s business operations and did not disadvantage employees in a manner contrary to the principles of the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, taking into account the broader context of the industry and the need to maintain the applicant's business viability. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the Stephen Little Constructions Pty Ltd / CFMEU Collective Agreement 2012, affirming that the agreement's terms were fair and reasonable and complied with the relevant legislative frameworks.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established