Construction, Forestry, Mining and Energy Union

[2014] FWCA 5473

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8560)

SHANE POYNER T/AS POYNER CARPENTRY 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 Shane Poyner T/As Poyner Carpentry 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 Shane Poyner T/As Poyner Carpentry 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 an application for approval of the Shane Poyner T/As Poyner Carpentry and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission was asked to consider whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute arose from objections to the proposed agreement by Shane Poyner, who argued that certain provisions were not in the best interests of employees or conducive to productivity.

The key legal issues before the Commission were whether the agreement complied with the requirements of section 235 of the Act, including being in the best interests of the employees and conducive to a productive workplace. Additionally, the Commission had to determine whether any provisions of the agreement unfairly discriminated against a particular group of employees.

The Commission examined the agreement in detail, taking into account submissions from both parties and relevant legislative provisions. It found that while some provisions raised concerns, the overall agreement was in the best interests of the employees and conducive to productivity. The Commission concluded that the agreement did not unfairly discriminate against any group of employees, as the concerns raised were not substantiated by the evidence. Therefore, the Commission approved the agreement under section 235 of the Fair Work Act 2009.

The Commission's final order was that the Shane Poyner T/As Poyner Carpentry and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect and be binding on the parties involved, providing a framework for the employment relationship between Shane Poyner and the employees represented by the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established