Construction, Forestry, Mining and Energy Union

[2013] FWCA 9418

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11607)

METRO SEALANTS TRUST (THE TRUSTEE FOR) T/AS METRO SEALANTS 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 Metro Sealants Trust (The Trustee for) T/As Metro Sealants 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 Metro Sealants Trust (The Trustee for) T/As Metro Sealants 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

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Metro Sealants, a company operating under the trade name Metro Sealants. The CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was the subject of this application. The matter was heard in the Fair Work Commission, which is responsible for overseeing workplace agreements in Australia.

The primary legal issues before the court centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made free from any improper influence or coercion and if it complied with the minimum entitlements outlined by the Act. Additionally, the court examined whether the agreement appropriately balanced the rights and interests of both the employer and the employees.

The Fair Work Commission found that the agreement was appropriately negotiated and did not contain any terms that were unfair or coercive. It was determined that the agreement complied with all relevant statutory requirements and provided for the minimum entitlements of employees as mandated by the Fair Work Act. The court also noted that the agreement appropriately balanced the rights and interests of both parties. Consequently, the Commission approved the enterprise agreement.

As a result of the court's findings, the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and became legally binding between the CFMEU and Metro Sealants. The agreement was set to govern the terms and conditions of employment for the relevant employees until it was superseded by a new agreement or until it expired.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established