DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2188)

LG CARPENTRY SOLUTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 MARCH 2015

Application for approval of the LG Carpentry Solutions 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 LG Carpentry Solutions 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 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 30 March 2015. 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application seeking approval of the LG Carpentry Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was opposed by LG Carpentry Solutions Pty Ltd, which claimed that the agreement contained provisions that were not appropriately related to the operation of a small business and were not otherwise protectable under the Fair Work Act 2009. The matter was heard by the Commission, with Commissioner McCabe presiding.

The central issue before the Commission was whether certain provisions within the enterprise agreement were appropriately related to the operation of a small business, and whether they complied with the Fair Work Act. The Commission needed to determine whether the provisions in question were necessary for the efficient operation of a small business and whether they were protectable under the Act. Additionally, the Commission had to assess whether the agreement was otherwise compliant with the provisions of the Fair Work Act.

After considering the arguments presented by both parties, the Commission found that some provisions of the agreement were not appropriately related to the operation of a small business and therefore could not be approved. However, the Commission also determined that other provisions of the agreement were appropriately related to the operation of a small business and were protectable under the Fair Work Act. The Commission concluded that the agreement, with certain modifications, could be approved as it was in the interests of achieving a balance between the rights and obligations of the parties and the broader community.

The Commission ordered that the enterprise agreement be approved with modifications, which included the removal of certain provisions that were not appropriately related to the operation of a small business. The Commission's decision was based on its assessment of the evidence and arguments presented by both parties, as well as its consideration of the relevant provisions of the Fair Work Act.

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