Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6534

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8939)

RAMPAGING SPORTS PTY LTD T/AS BRIAN GRANT KITCHENS & BATHROOMS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Rampaging Sports Pty Ltd T/As Brian Grant Kitchens & Bathrooms 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 Rampaging Sports Pty Ltd T/As Brian Grant Kitchens & Bathrooms 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 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 matter before the Fair Work Commission involved an application for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, as applied to the employees of Rampaging Sports Pty Ltd, trading as Brian Grant Kitchens & Bathrooms. The union and the employer sought the Commission's endorsement of this agreement, which outlined the terms and conditions of employment for the workers. The crux of the dispute centred on the compliance of the agreement with the requirements of the Fair Work Act 2009 and the fairness of its provisions.

The central legal issues before the Commission were whether the agreement adhered to the statutory prerequisites for approval and whether it was fair and reasonable in all its aspects. This included examining the agreement to ensure it did not undermine the provisions of the National Employment Standards and whether it contained terms that were otherwise contrary to public policy. The Commission also had to consider whether the agreement was made in accordance with the principles of good faith bargaining and whether it provided for a fair and efficient system of dispute resolution.

In delivering its decision, the Fair Work Commission carefully reviewed the terms of the agreement, assessing them against the statutory criteria. The Commission noted the parties' commitment to good faith bargaining and found that the agreement was largely consistent with the legislative framework. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or the National Employment Standards. Furthermore, the Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the parties' bargaining positions. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with specific sections of the Fair Work Act.

The final orders of the Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, as applied to the employees of Rampaging Sports Pty Ltd, trading as Brian Grant Kitchens & Bathrooms, with the specified modifications to ensure compliance with the Fair Work Act. The agreement was to be in effect from the date of the Commission's decision, providing a binding framework for the employment conditions of the workers in question.

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