Construction, Forestry, Mining and Energy Union

[2013] FWCA 9319

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11525)

STAIRTECH PTY LTD 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 Stairtech 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 Stairtech 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 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Stairtech Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. Stairtech Pty Ltd contested the application, arguing that the agreement contained unfair provisions and did not meet the criteria for registration under the Fair Work Act 2009. The dispute centred on the interpretation and application of various provisions within the agreement, particularly those relating to working hours, overtime, and penalty rates.

The court had to determine whether the provisions in question were procedurally and substantively fair, in line with the objectives of the Fair Work Act. The central legal issue was whether the agreement's provisions could be considered unfair due to their potential impact on employees' rights and protections, and if the application process was conducted in a manner compliant with statutory requirements. Additionally, the court examined whether the agreement adequately balanced the interests of both employers and employees.

In its decision, the Fair Work Commission concluded that the application process was conducted appropriately and that the provisions in the enterprise agreement did not render it unfair. The Commission found that the agreement met the necessary criteria for approval, including fairness and compliance with the Act. The court emphasised that the agreement provided a fair balance between the rights and obligations of both parties, ensuring that employees were adequately protected while also allowing for reasonable flexibility in working arrangements. The Commission approved the enterprise agreement, dismissing the application for disapproval.

No further orders were made beyond the approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established