Construction, Forestry, Mining and Energy Union

[2013] FWCA 9324

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11564)

CITY WIDE GLASS & ALUMINIUM PTY LIMITED AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the City Wide Glass & Aluminium Pty Limited 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 City Wide Glass & Aluminium Pty Limited 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 4 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 involves an application for the approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and City Wide Glass & Aluminium Pty Limited. The matter was heard in the Fair Work Commission. The applicants, City Wide Glass & Aluminium Pty Limited, sought approval for the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The legal issues before the court were primarily whether the enterprise agreement was fairly negotiated, complied with relevant statutory requirements, and whether it was in the best interests of the employees.

The court considered the nature of the negotiations, the fairness of the agreement's terms, and the overall compliance with the Fair Work Act 2009. The Commission examined whether the agreement had been negotiated in good faith, whether it contained provisions that were not contrary to public policy, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the court had to assess whether the agreement met the standards set by the Fair Work (Registered Organisations) Act 2009 and the Fair Work Act 2009.

After a thorough examination, the Fair Work Commission determined that the agreement was fairly negotiated and complied with all relevant legislative requirements. The court found that the agreement was in the best interests of the employees and did not contain any provisions contrary to public policy. The Commission approved the enterprise agreement, taking into account the provisions for minimum wages, conditions, and dispute resolution mechanisms. The court's decision was based on the overall fairness and compliance of the agreement with the statutory framework.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was found to meet all the necessary legal requirements and was in the best interests of the employees involved. This decision ensures that the terms of the agreement will govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established