Construction, Forestry, Mining and Energy Union

[2014] FWCA 6234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8835)

JARCEVIC FAMILY TRUST (THE TRUSTEE FOR) T/AS SQUARECON AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Jarcevic Family Trust (The Trustee for) T/As Squarecon and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Jarcevic Family Trust (The Trustee for) T/As Squarecon 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 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 parties to this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and the Jarcevic Family Trust (trading as Squarecon). The dispute centred on the approval of the CFMEU Plastering Industry Enterprise Agreement 2011-2015, which was submitted by the CFMEU on behalf of the plastering industry workers. The case was heard by the Fair Work Commission, which is the Australian workplace relations tribunal with jurisdiction over such matters.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for registration under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, as defined by the Act, and if it complied with all the relevant provisions, including the good faith bargaining requirements and the provisions concerning the inclusion of appropriate terms and conditions for the workforce.

In reaching its decision, the Commission considered the evidence provided by both parties and examined the terms of the proposed agreement in detail. The Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith and that it included appropriate terms and conditions for the workforce. The Commission also found that the agreement complied with all the relevant provisions of the Fair Work Act. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the Jarcevic Family Trust (The Trustee for) T/As Squarecon and the CFMEU Plastering Industry Enterprise Agreement 2011-2015 for registration. The decision was based on the finding that the agreement was a genuine enterprise agreement that had been negotiated in good faith and that it included appropriate terms and conditions for the workforce. The agreement was found to comply with all the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established