Arteam Pty Ltd

[2013] FWCA 4286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Arteam Pty Ltd
(AG2013/1645)

FTAA ENTERPRISE AGREEMENT 2011-2015 BETWEEN ARTEAM PTY LTD AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2013

Application for approval of the FTAA Enterprise Agreement 2011-2015 between Arteam Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the FTAA Enterprise Agreement 2011-2015 between Arteam Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arteam Pty Ltd. 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 Construction, Forestry, Mining and Energy Union 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 9 July 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 applicant, Arteam Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The Federal Court was tasked with assessing the agreement under the Fair Work Act 2009. The CFMEU did not oppose the application but raised concerns about the agreement's compliance with the Act. The court needed to determine if the agreement met the legal criteria for approval, including whether it was free from any prohibited content, fairly represented the employees, and complied with procedural requirements.

The court examined the agreement's content to ensure it did not include any matters prohibited by the Fair Work Act. It considered whether the agreement adequately represented the employees' interests and whether the necessary procedural steps were followed. The court also evaluated the union's role in the agreement and whether there was any coercion or undue influence. Ultimately, the court found that the agreement was free from prohibited content, fairly represented the employees, and complied with the procedural requirements of the Act.

Having satisfied itself on these points, the court approved the FTAA Enterprise Agreement 2011-2015 between Arteam Pty Ltd and the CFMEU. The agreement was deemed to be in the best interests of the employees and was approved as a registered agreement under the Fair Work Act. The court's decision ensured that the agreement could now be implemented, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established