Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6370

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8892)

FIG INTERIORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the Fig Interiors 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 Fig Interiors 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 19 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) filed an application seeking approval of the Fig Interiors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia. The agreement in question was between the union and the employer, and the union sought to have it formally approved by the Commission.

The legal issues before the Commission included whether the agreement had been made in accordance with the relevant legislative provisions, whether it contained the necessary minimum terms and conditions, and whether it had been fairly and properly negotiated. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees involved, as well as any potential impact on the broader industry.

The Commission found that the agreement had been negotiated in good faith and was in the best interests of the employees. It held that the agreement contained all the required minimum terms and conditions and had been properly made. The Commission approved the agreement, noting that it provided fair and reasonable terms for the employees and did not have an adverse impact on the industry. The decision was based on the evidence presented and the Commission's assessment of the agreement's compliance with the relevant laws.

The Fair Work Commission approved the Fig Interiors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, confirming its validity and compliance with the necessary legal requirements.

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