Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2781

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/5747)

NOONAN UNIT TRUST T/AS ALMO NOMINEES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 APRIL 2014

Application for approval of the Noonan Unit Trust T/As Almo Nominees 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 Noonan Unit Trust T/As Almo Nominees 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 6 May 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 case involves an application for the approval of the Noonan Unit Trust T/As Almo Nominees Pty Ltd, which is seeking approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission of Australia. The central issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the interests of "small business" within the meaning of the Act, and whether it was covered by the small business exemption provisions.

The Commission examined the provisions of the proposed agreement and the relevant sections of the Fair Work Act. It considered the definition of "small business" and the criteria for the small business exemption. The Commission also took into account the nature of the industry, the bargaining power of the parties, and the impact of the agreement on small businesses. Ultimately, the Commission concluded that the agreement was in the interests of small business and was appropriately covered by the small business exemption provisions. The proposed agreement was therefore approved, as it met the statutory criteria for approval under the Act.

The Fair Work Commission approved the Noonan Unit Trust T/As Almo Nominees Pty Ltd application for the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement was in the interests of small business and was covered by the small business exemption provisions of the Fair Work Act 2009. The approval was based on the examination of the agreement's provisions, the definition of "small business," and the criteria for the small business exemption. The decision ensures that the agreement complies with the statutory requirements for approval and will govern the employment conditions for the relevant industry.

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