DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2981)

ETC BUSINESS TRUST (THE TRUSTEE FOR) T/AS ELITE TEXTURE COATINGS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JUNE 2015

Application for approval of the ETC Business Trust (The Trustee for) T/As Elite Texture Coatings Pty Ltd 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 ETC Business Trust (The Trustee for) T/As Elite Texture Coatings Pty Ltd 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 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 and 187 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 23 June 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the ETC Business Trust (the Trustee for) T/As Elite Texture Coatings Pty Ltd. The dispute pertained to the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 under the Fair Work Act 2009. The Fair Work Commission heard the matter.

The central legal issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement was fair and applicable to the employees of Elite Texture Coatings Pty Ltd. The CFMEU argued that the agreement was fair and adequately represented the interests of the employees, while the employer contested certain provisions of the agreement.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act. The Commission found that the agreement was fair and met the statutory requirements. It considered factors such as the process by which the agreement was negotiated, the provisions addressing wages and conditions, and the overall fairness of the agreement. The Commission concluded that the agreement was appropriately negotiated and that it provided a fair outcome for the employees.

As a result of the decision, the Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015 for registration. The agreement was deemed to be in effect from the date of the decision, binding both the CFMEU and Elite Texture Coatings Pty Ltd.

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