DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2465)

USHER & SON COMMERCIAL COATINGS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 APRIL 2015

Application for approval of the Usher & Son Commercial 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 Usher & Son Commercial 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 4 May 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Usher & Son Commercial Coatings Pty Ltd. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, which was to be applied to the employees of Usher & Son Commercial Coatings Pty Ltd. The case was heard by the Fair Work Commission (FWC).

The central legal issues that the FWC had to address were whether the Enterprise Agreement complied with the Fair Work Act 2009, and if it met the criteria for being deemed a lawful agreement under the Act. Specifically, the FWC had to determine whether the agreement was made in good faith and whether it provided for the proper registration of the agreement with the Fair Work Commission.

The FWC examined the evidence and submissions presented by both parties, including the negotiation process, the content of the agreement, and the compliance with the statutory requirements. The Commission found that the agreement was made in good faith and was in compliance with the relevant provisions of the Fair Work Act 2009. The FWC also determined that the agreement provided for the proper registration and was therefore a lawful agreement. As a result, the FWC approved the Enterprise Agreement, allowing it to be applied to the employees of Usher & Son Commercial Coatings Pty Ltd.

The Fair Work Commission's decision was that the CFMEU Building and Construction Industry Enterprise Agreement 2015 was approved and could be applied to the employees of Usher & Son Commercial Coatings Pty Ltd. This decision provided legal certainty to both the CFMEU and Usher & Son Commercial Coatings Pty Ltd regarding the application of the Enterprise Agreement.

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