Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9323

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11563)

WESTCOAST WINDOWS 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 Westcoast Windows 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 Westcoast Windows 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

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CaseChat Overview and Summary

The matter under consideration involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Westcoast Windows Pty Ltd, with the Fair Work Commission (FWC) adjudicating. The dispute centred on the application for approval of the Westcoast Windows Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The crux of the legal issues revolved around whether the agreement met the necessary criteria under the Fair Work Act 2009 for being deemed as "registered." This included verifying that the agreement was free from any prohibited content, was made in good faith, and provided for the proper registration of the agreement. Additionally, the court had to ascertain if the agreement was consistent with the national system of workplace relations.

The Commission undertook a detailed examination of the agreement to ensure it complied with the statutory requirements. It was imperative to confirm that the agreement did not incorporate any terms that contravened the provisions of the Fair Work Act. Furthermore, the court considered whether the agreement was genuinely negotiated and not imposed unilaterally. The Commission also assessed if the agreement provided for fair and equitable terms and conditions for the employees. The Commission's decision was guided by the overarching objective of maintaining a fair and balanced approach to industrial relations, ensuring that both the employer and employees' interests were fairly represented.

In its ruling, the Commission concluded that the agreement met all the necessary criteria for approval. It found that the agreement was free from prohibited content and was made in good faith. The terms of the agreement were deemed to be fair and equitable, and they complied with the national system of workplace relations. The Commission was satisfied that the agreement provided for proper registration and met all legal requirements under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, confirming its validity and enforceability.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established