[2015] FWCA 6829

The attached document replaces the document previously issued with the above code on 5 October 2015

Corrected title of the agreement that appeared in the subject line of the decision

Member Associate

On behalf of the Chambers of Commissioner Roe

Dated 6 October 2015

[2015] FWCA 6829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5660)

INNOVATIVE WINDOW SOLUTIONS PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Innovative Window Solutions Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Innovative Window Solutions Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, executed between the Construction, Forestry, Mining and Energy Union (CFMEU) and Innovative Window Solutions Pty Ltd. The dispute centred around the compliance of the proposed agreement with the requirements of the Fair Work Act 2009, specifically addressing the procedural fairness and the suitability of the agreement for registration.

The legal issues that the court needed to address included whether the union had followed proper procedures in reaching the agreement, and whether the agreement itself met the statutory criteria for registration. This included verifying that the agreement had been made in good faith and that it did not contain any provisions that were contrary to public policy or that could potentially lead to industrial action that would be unlawful.

The court found that the union had adhered to the necessary procedural steps in negotiating the agreement, including providing the requisite notices to the employer and ensuring that there was no coercion or duress involved. The court also examined the provisions of the agreement and concluded that they were consistent with the legislative framework and did not contravene any public policy considerations. Given these findings, the court determined that the agreement was appropriate for approval and registration. The final orders of the court were to approve the agreement and direct its registration with the Fair Work Commission.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established