DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1988)

NEMO CARPENTRY SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 MARCH 2015

Application for approval of the Nemo Carpentry Services 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 Nemo Carpentry Services 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 9 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 matter of the Construction, Forestry, Mining and Energy Union (CFMEU) and Nemo Carpentry Services Pty Ltd, the Fair Work Commission (FWC) was asked to determine the approval of the Nemo Carpentry Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The CFMEU, a trade union, and Nemo Carpentry Services Pty Ltd, an employer in the building and construction industry, were in dispute over the terms and conditions outlined in the proposed enterprise agreement. The crux of the disagreement lay in the specific provisions within the agreement that both parties contested.

The legal issues before the Commission were primarily centred on whether the enterprise agreement met the requirements set out in the Fair Work Act 2009. These requirements included ensuring the agreement was free from prohibited content, was made in good faith, and provided for proper processes to resolve disputes. The CFMEU argued that the agreement failed to meet these standards, while Nemo Carpentry Services Pty Ltd contended that the agreement was fair and met all legislative requirements.

The Fair Work Commission, after thorough examination of the agreement, found that it contained provisions that were inconsistent with the requirements of the Fair Work Act. The Commission highlighted specific clauses that were deemed to contain prohibited content and did not meet the standards of good faith bargaining. Consequently, the Commission decided that the enterprise agreement did not comply with the legislative framework and was therefore not eligible for approval. The decision underscored the necessity for all parties involved in enterprise bargaining to ensure that agreements adhere strictly to the legal standards set forth by the Fair Work Act.

The final orders of the Commission included the rejection of the proposed enterprise agreement between Nemo Carpentry Services Pty Ltd and the CFMEU. The Commission mandated that any future agreement must be revised to comply with the Fair Work Act, ensuring it does not contain prohibited content and is made in good faith. This decision serves as a reminder for all parties in enterprise bargaining to meticulously review and amend their agreements to meet legislative requirements.

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