Australian Professional Shopfitters Pty Ltd Summary

[2013] FWCA 119

FAIR WORK COMMISSION

DECISION

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

Australian Professional Shopfitters Pty Ltd
(AG2012/14297)

AUSTRALIAN PROFESSIONAL SHOPFITTERS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Australian Professional Shopfitters 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 Australian Professional Shopfitters 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 Australian Professional Shopfitters 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 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 Australian Professional Shopfitters Pty Ltd applied to the Fair Work Commission for approval of the Australian Professional Shopfitters Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The CFMEU Building and Construction, Forestry, Mining and Energy Union opposed the application, arguing that the agreement was not in the best interests of the employees and did not meet the criteria for registration under the Fair Work Act 2009. The Commission was required to determine whether the agreement was in the best interests of the employees and whether it met the criteria for approval under the Act.

The Commission found that the agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other matters. The Commission also found that the agreement met the criteria for approval under the Act, including that it provided for the proper regulation of the terms and conditions of employment and did not discriminate against any person on the basis of their employment or occupation. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for employees in the building and construction industry.

The Fair Work Commission approved the agreement, and the CFMEU Building and Construction, Forestry, Mining and Energy Union's application for review was dismissed. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for employees in the building and construction industry and met the criteria for approval under the Fair Work Act 2009. The agreement was registered and became a registered enterprise agreement under the Act.

Australian Professional Shopfitters Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established