Construction, Forestry, Mining and Energy Union

[2014] FWCA 4362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6516)

PRESTIGE SURFACES AUSTRALIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2014

Application for approval of the Prestige Surfaces Australia 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 Prestige Surfaces Australia 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, 187 and 188 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 9 July 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 for the approval of the Prestige Surfaces Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 before the Fair Work Commission. The dispute was over the terms and conditions of employment for workers under the agreement, particularly focusing on whether the agreement was made in accordance with the Fair Work Act 2009.

The legal issues before the court involved determining whether the agreement was a "bargained agreement" under section 173 of the Fair Work Act, and whether it contained all the mandatory terms prescribed by the Act. Additionally, the court had to consider if the agreement was made in good faith and if the process leading to the agreement was free from any improper conduct.

The Fair Work Commission found that the agreement was indeed a bargained agreement as it was made in good faith and without any improper conduct. The Commission also confirmed that the agreement included all the mandatory terms required by the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements. The decision was made on the basis that the process and the content of the agreement met the legal standards set out in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established