Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9766

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11833)

GOLDMARK PAINTING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 DECEMBER 2013

Application for approval of the Goldmark Painting 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 Goldmark Painting 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 19 December 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and Goldmark Painting Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Goldmark Painting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and whether it was free from prohibited content.

The court had to determine whether the agreement contained all the mandated minimum terms as specified in the Fair Work Act, and whether any provisions within the agreement contravened the Act by including prohibited content. Additionally, the court needed to consider whether the agreement was made in good faith and whether it provided for a proper process for the resolution of workplace disputes.

The Fair Work Commission, after thorough examination, found that the agreement complied with all statutory requirements. The agreement was deemed to contain all the necessary minimum terms, did not include any prohibited content, and was made in good faith. The Commission approved the agreement, finding it to be fair and reasonable in all respects. The court's decision was grounded on the comprehensive compliance of the agreement with the legislative standards set forth in the Fair Work Act. The final orders of the Commission were to approve the Goldmark Painting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

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