Construction, Forestry, Mining and Energy Union

[2014] FWCA 7695

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9682)

EMPIRE COMMERCIAL BUILDING SOLUTIONS PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 OCTOBER 2014

Application for approval of the Empire Commercial Building Solutions Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Empire Commercial Building Solutions Pty Ltd and the CFMEU Plastering 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 6 November 2014. 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Empire Commercial Building Solutions Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015 before the Fair Work Commission (FWC). Empire Commercial Building Solutions Pty Ltd (Empire) is an employer in the plastering industry and the CFMEU is a trade union representing workers in the industry. The dispute centred on the terms and conditions of employment set out in the enterprise agreement, including wages, hours of work, and other employment conditions.

The legal issues before the FWC included whether the enterprise agreement complied with the Fair Work Act 2009, whether it met the "better off overall test" and whether it contained terms that were contrary to public policy. The FWC was required to determine whether the enterprise agreement was in the interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations.

The FWC found that the enterprise agreement complied with the Fair Work Act and met the better off overall test. The FWC considered that the agreement provided for fair and reasonable terms and conditions of employment and promoted harmonious, productive, and cooperative workplace relations. The FWC also found that the agreement did not contain any terms that were contrary to public policy. The FWC approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The FWC made orders approving the enterprise agreement, subject to the modifications made by the FWC. The parties were directed to take all necessary steps to give effect to the approved enterprise agreement. The CFMEU and Empire were also directed to notify the FWC of any further variations to the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established