Construction, Forestry, Mining and Energy Union

[2014] FWCA 3827

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6332)

SIDARI, UMBERTO T/AS SIDECO PAINTING & MAINTENANCE AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 11 JUNE 2014

Application for approval of the Sidari, Umberto T/As Sideco Painting & Maintenance 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 Sidari, Umberto T/As Sideco Painting & Maintenance 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 18 June 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

This case involves an application for the approval of the Sidari, Umberto T/As Sideco Painting & Maintenance and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission (FWC) by the Construction, Forestry, Mining and Energy Union (CFMEU). The central dispute pertains to whether the enterprise agreement should be approved under the Fair Work Act 2009. The agreement in question seeks to establish terms and conditions of employment for workers in the building and construction industry. The FWC was tasked with determining whether the agreement met the criteria for approval, including whether it facilitated the improvement of pay and conditions, and whether it was free from any coercive conduct.

The legal issues before the FWC included whether the agreement provided for the proper and adequate protection of employees' interests, particularly in relation to pay and conditions. The FWC also had to consider whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the FWC examined whether the agreement contained any provisions that were contrary to public policy or that could undermine the existing industrial relations system. The FWC's role was to ensure that the agreement was fair and reasonable, balancing the interests of both employers and employees.

In its decision, the FWC found that the agreement provided for fair and reasonable terms and conditions of employment. The FWC concluded that the agreement improved the pay and conditions of employees in the building and construction industry. The FWC noted that the agreement included provisions for wage increases, improved working conditions, and enhanced job security. The FWC also determined that the agreement was made in good faith and complied with all procedural requirements. The FWC found no evidence of coercive conduct and concluded that the agreement did not contain any provisions that were contrary to public policy. Therefore, the FWC approved the Sidari, Umberto T/As Sideco Painting & Maintenance and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The final orders of the FWC were that the Sidari, Umberto T/As Sideco Painting & Maintenance and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved. The agreement was to come into effect on the date of the FWC's decision and would remain in force until such time as it was terminated, varied, or replaced in accordance with the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for workers in the building and construction industry are adequately protected, and that the industrial relations system remains fair and balanced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established