Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5470

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8558)

LUKE CANNARD CARPENTRY 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 AUGUST 2014

Application for approval of the Luke Cannard Carpentry 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 Luke Cannard Carpentry 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 August 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

In the matter of the application for approval of the Luke Cannard Carpentry Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission was tasked with deciding whether the agreement should be approved. The dispute arose from a disagreement between the applicant employer and the union over the terms and conditions of employment outlined in the proposed enterprise agreement. The commission, acting under the Fair Work Act 2009, was required to determine whether the agreement met the necessary criteria for approval, including fairness and the protection of employees' rights.

The primary legal issues before the commission involved assessing the fairness and reasonableness of the proposed agreement, ensuring it did not adversely affect employees' rights and entitlements, and confirming that it complied with relevant statutory provisions. The commission considered the bargaining process, the fairness of the terms proposed, and whether the agreement met the standards set by the Fair Work Act. Additionally, the commission had to determine whether the agreement appropriately balanced the interests of the employer and the employees.

The Fair Work Commission concluded that the proposed enterprise agreement was fair and reasonable. The commission found that the agreement appropriately balanced the interests of both the employer and the employees, and it met the necessary criteria for approval under the Fair Work Act. The commission highlighted the thoroughness of the bargaining process and the fact that the agreement provided adequate protections for employees. Consequently, the commission approved the agreement, finding that it did not adversely affect employees' rights and was in line with the legislative requirements.

The final order of the Fair Work Commission was that the Luke Cannard Carpentry Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 be approved. The commission's decision confirmed the agreement as a valid and enforceable enterprise agreement under the Fair Work Act.

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