Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7696

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9685)

FARRELL SOLID PLASTERING TRUST (THE TRUSTEE FOR) T/AS FARRELL AND SON TRADITIONAL SOLID PLASTERING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Farrell Solid Plastering Trust (The Trustee for) T/As Farrell and Son Traditional Solid Plastering 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 Farrell Solid Plastering Trust (The Trustee for) T/As Farrell and Son Traditional Solid Plastering 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 6 November 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and the Farrell Solid Plastering Trust, the Fair Work Commission was asked to approve an enterprise agreement between the Union and the Trust. The Union represents employees in the building and construction industry, while the Trust operates as Farrell and Son Traditional Solid Plastering. The dispute centred around the terms and conditions of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, specifically the application of these terms to the Trust's business operations.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly whether the agreement facilitated, promoted or improved the efficiency, productivity or performance of the workplace. The Union argued that the agreement was necessary for the protection of its members' rights and interests, while the Trust contended that the agreement's terms were overly prescriptive and would result in increased costs and reduced flexibility.

After considering the evidence presented by both parties, the Commission found that the agreement facilitated, promoted or improved the efficiency, productivity or performance of the workplace. The Commission also found that the agreement was in the best interests of the employees covered by it, and that it met the requirements of the Fair Work Act. The Commission approved the agreement, subject to certain modifications to ensure that it complied with relevant legislative provisions.

The Commission's decision was based on a detailed analysis of the evidence presented by both parties, as well as relevant legislative provisions and case law. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, and that it would not have an adverse effect on the operations of the Trust's business. The Commission also noted that the agreement provided for a mechanism for resolving disputes between the parties, which was an important factor in its decision to approve the agreement.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established