Construction, Forestry, Mining and Energy Union

[2013] FWCA 9322

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11562)

APEX CORPORATION (AUST) PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Apex Corporation (Aust) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Apex Corporation (Aust) Pty Ltd and the CFMEU Plastering 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Apex Corporation (Aust) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The matter was heard by the Fair Work Commission (FWC). The CFMEU argued that the enterprise agreement was necessary to provide fair and reasonable terms of employment for plasterers employed by Apex Corporation. Apex Corporation, however, contended that the agreement imposed unreasonable restrictions on its business operations and was not in the best interests of the employees.

The FWC had to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees. The FWC also had to consider whether the agreement imposed unreasonable restrictions on the business operations of Apex Corporation.

In its decision, the FWC found that the enterprise agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The FWC also found that the agreement was in the best interests of the employees, as it provided for job security and improved working conditions. The FWC did, however, find that some provisions of the agreement imposed unreasonable restrictions on the business operations of Apex Corporation. Despite this, the FWC determined that the overall benefits of the agreement outweighed any potential negative impacts on the business.

The FWC approved the enterprise agreement, subject to certain modifications to address the concerns raised by Apex Corporation. These modifications included amendments to the provisions that imposed unreasonable restrictions on the business operations of Apex Corporation. The CFMEU and Apex Corporation were required to implement the approved enterprise agreement, and the FWC reserved the right to review the agreement if any issues arose in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established