Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/10326)

ALESSI DESIGN GROUP AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 10 DECEMBER 2013

Application for approval of the Alessi Design Group and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Alessi Design Group and CFMEU - FFPD Enterprise Agreement 2013 (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).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 31 January 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Alessi Design Group. The dispute related to the approval of the CFMEU - FFPD Enterprise Agreement 2013. The Federal Court of Australia was tasked with determining whether the agreement met the necessary legal standards for approval.

The court had to examine several key issues. These included whether the agreement had been genuinely bargained for, whether it contained only matters that were genuinely related to the employees' conditions of employment, and whether it was consistent with the Fair Work Act 2009. Furthermore, the court needed to assess if the agreement adhered to the Fair Work (Registered Organisations) Act 2009, particularly in terms of the union's organisational structure and the manner in which the agreement was approved.

In its decision, the court meticulously reviewed the processes and documentation provided by the union and the employer. The court found that the agreement had been genuinely bargained for and contained only matters relevant to the employees' conditions of employment. It was also consistent with the statutory requirements. The court determined that the union had complied with the necessary provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Consequently, the court approved the CFMEU - FFPD Enterprise Agreement 2013.

The final orders of the court approved the agreement, allowing it to come into effect as a legally binding enterprise agreement between the CFMEU and the Alessi Design Group. The union and the employer were directed to comply with the terms of the agreement, which now governed the employment conditions of the relevant employees.

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