Construction, Forestry, Mining and Energy Union

[2014] FWCA 6675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9033)

CRANMORE CARPENTRY 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 SEPTEMBER 2014

Application for approval of the Cranmore Carpentry 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 Cranmore Carpentry 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 September 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 matter before the Fair Work Commission involved an application for approval of the Cranmore Carpentry Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the validity and fairness of the proposed enterprise agreement, which aimed to regulate the employment terms and conditions between the employer and the union representing the employees.

The primary legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it had been negotiated in good faith, and whether it met the criteria for registration under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was free from any improper influences or coercion and if it provided for the proper protection of employees' rights and interests.

The Commission examined the process by which the agreement was negotiated and the evidence provided by both parties. It found that the agreement had been negotiated in good faith and that there was no evidence of improper influence or coercion. The Commission also determined that the agreement provided for the proper protection of employees' rights and interests, including provisions for fair wages and conditions. Consequently, the Commission approved the application for the agreement's registration, finding it to be a genuine enterprise agreement that met the statutory requirements.

The Fair Work Commission approved the application for the registration of the Cranmore Carpentry Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. This decision provided certainty and stability to the employment relationship between the parties, ensuring that the agreement would be legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established