Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 73

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2013/12189)

AUSTRALIAN RAINBOW RENDER UNIT TRUST T/AS RAINBOW

RENDER PTY LTD 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 Australian Rainbow Render Unit Trust T/As Rainbow Render
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

Australian Rainbow Render Unit Trust T/As Rainbow Render 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

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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of an enterprise agreement between the Australian Rainbow Render Unit Trust trading as Rainbow Render Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This application was made under section 185 of the Fair Work Act 2009 (the Act). The agreement in question is a single-enterprise agreement intended to cover employees within the building, metal, and civil construction industries. Senior Deputy President Watson was the presiding officer for this case.

The court needed to determine whether the agreement met all the statutory requirements under the Fair Work Act 2009 for approval. Specifically, the court had to assess if the agreement complied with sections 186, 187, and 188 of the Act, which outline the necessary criteria for an enterprise agreement. The court also had to confirm that the CFMEU, as the bargaining representative, had given appropriate notice under section 183 of the Act and that the agreement indeed covered the organisation as required by section 201(2) of the Act.

Upon review, Senior Deputy President Watson found that all relevant statutory requirements for the approval of the agreement were satisfied. The CFMEU had fulfilled its obligations as the bargaining representative, and the agreement appropriately covered the organisation. Therefore, the court approved the enterprise agreement, which will be effective from 13 January 2014, with a nominal expiry date of 31 March 2015. This approval was made in accordance with section 54 of the Act.

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