Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 72

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12175)

BLYTH, DAVID CLAYTON T/AS BLYTH COATINGS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JANUARY 2014

Application for approval of the Blyth, David Clayton T/As Blyth Coatings 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 Blyth, David Clayton T/As Blyth Coatings 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 13 January 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 matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Blyth Coatings and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant sought to have the agreement approved under the Fair Work Act 2009, and the respondent, Blyth, David Clayton trading as Blyth Coatings, contested the application on the grounds that the agreement was not suitable for approval.

The central legal issues revolved around whether the agreement met the criteria for approval under section 231 of the Fair Work Act, specifically whether it promoted high wages and high conditions and was suitable for registration. The court had to determine if the agreement adequately covered essential terms and conditions of employment, was non-discriminatory, and did not unduly restrict the rights of employees or employers.

The court, after reviewing the agreement and considering the arguments presented by both parties, found that the agreement was suitable for approval. The court noted that the agreement provided for fair wages and conditions, included provisions for dispute resolution, and did not contain terms that were detrimental to the employees or employers. The court also found that the agreement was not discriminatory and complied with the requirements of the Fair Work Act.

As a result, the court approved the Blyth Coatings and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, allowing it to be registered and enforceable. The decision affirmed the importance of fair and equitable enterprise agreements in promoting harmonious industrial relations.

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