Construction, Forestry, Mining and Energy Union

[2014] FWCA 6238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8848)

INTERIOR FITOUT GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015.

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 SEPTEMBER 2014

Application for approval of the Interior Fitout Group 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 Interior Fitout Group 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 16 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 to the Fair Work Commission for approval of the Interior Fitout Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Interior Fitout Group Pty Ltd opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission heard the matter and delivered a decision on 12 July 2012.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. The Interior Fitout Group Pty Ltd contended that the agreement did not meet the "better off overall test" required by section 230(2) of the Act. The CFMEU argued that the agreement did meet the test and that the Commission should approve the agreement.

The Commission found that the agreement met the "better off overall test" required by section 230(2) of the Fair Work Act 2009. The Commission noted that the agreement provided for a 12-month period of enterprise bargaining and that the parties had made significant efforts to reach an agreement. The Commission also found that the agreement provided for a fair and reasonable outcome for both parties. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Interior Fitout Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and made orders to that effect. The agreement provides for a 12-month period of enterprise bargaining and sets out the terms and conditions of employment for employees in the industry. The Commission's decision is a significant outcome for both parties and provides certainty and stability in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established