Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6535

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8940)

KOSPOL INTERIORS PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Kospol Interiors 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 Kospol Interiors 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 25 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Kospol Interiors Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission (FWC). The application was made under section 234 of the Fair Work Act 2009. The dispute was between the CFMEU and Kospol Interiors Pty Ltd over the terms of their enterprise agreement. The FWC was required to decide whether the agreement met the requirements of the Fair Work Act.

The FWC considered whether the agreement met the requirements for approval under section 234 of the Fair Work Act. The FWC found that the agreement met the requirements for approval. The FWC found that the agreement provided for a fair and efficient workplace, and that it was in the best interests of the employees. The FWC also found that the agreement did not contain any provisions that were contrary to the public interest.

The FWC approved the Kospol Interiors Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The FWC made an order that the agreement be approved and registered under section 234 of the Fair Work Act. The FWC also made an order that the agreement be published on the Fair Work Commission’s website. The FWC’s decision was final and binding on the parties.

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