Construction, Forestry, Mining and Energy Union

[2013] FWCA 9419

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11610)

TRAX INTERIORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 3 DECEMBER 2013

Application for approval of the Trax Interiors 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 Trax Interiors 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 10 December 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Trax Interiors Pty Ltd, with the primary dispute centering on the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The case was brought before the Fair Work Commission, an Australian independent statutory body with the authority to make legally binding decisions in employment matters. The union sought approval for the enterprise agreement, which aimed to regulate the terms and conditions of employment for workers within the specified industries. The employer contested the agreement, raising concerns about its compliance with the Fair Work Act 2009 and its potential adverse effects on business operations.

The court was tasked with determining whether the enterprise agreement met the statutory requirements under the Fair Work Act and whether it could be approved in light of the objections raised. The primary legal issues revolved around the agreement's alignment with the act's objectives, its procedural fairness, and the implications for the employer's business. The court needed to assess whether the agreement contained all the mandatory terms prescribed by the act, whether it had been negotiated in good faith, and whether it was likely to result in improved productivity and efficiency. Additionally, the court had to consider the impact of the agreement on the employer's operational flexibility and competitiveness.

The Fair Work Commission found that the enterprise agreement largely complied with the statutory requirements and was negotiated in good faith. The court acknowledged the union's efforts to reach a consensus and deemed the agreement to be fair and reasonable, taking into account the interests of both parties. The court was satisfied that the agreement contained all the mandatory terms and that it would not have an adverse effect on the employer's ability to conduct its business. The objections raised by the employer were found to be without merit, as the agreement provided for reasonable flexibility and did not unduly restrict the employer's operational capacity. Consequently, the commission approved the enterprise agreement, allowing it to come into effect as intended.

The final orders of the Fair Work Commission included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to govern the terms and conditions of employment for the workers within the specified industries, as negotiated between the union and the employer. The court also ordered that the agreement be registered with the Fair Work Commission, thereby ensuring its legal enforceability and providing a mechanism for resolving any future disputes that may arise under its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established