Construction, Forestry, Mining and Energy Union

[2013] FWCA 9224

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11513)

SUPAMAXX AUSTRALIA PTY LTD T/AS MAXXIS GROUP AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Supamaxx Australia Pty Ltd T/As Maxxis Group 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 Supamaxx Australia Pty Ltd T/As Maxxis Group 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 29 November 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) lodged an application for approval of the Supamaxx Australia Pty Ltd T/As Maxxis Group and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The CFMEU sought to have the agreement approved under section 234 of the Fair Work Act 2009, as a registered agreement. The legal issues the court had to decide centred on whether the agreement complied with the requirements of the Fair Work Act and if it was appropriate for the Commission to approve the agreement as a registered agreement.

The court examined whether the agreement met the procedural and substantive requirements outlined in the Fair Work Act. The court assessed if the agreement was made in good faith, if it contained the minimum terms and conditions mandated by the Act, and if it was consistent with the broader objectives of the Act. The court also considered if the agreement was fair and reasonable, and if it provided an appropriate balance between the interests of the employer and the employees. The court found that the agreement met all the necessary requirements and was in accordance with the Fair Work Act. It was approved as a registered agreement.

The Commission approved the agreement, recognising it as a genuine enterprise agreement. The court concluded that the agreement was fair and reasonable, and provided an appropriate balance between the interests of the employer and the employees. The court considered the parties' bargaining positions, the nature of the industry, and the terms and conditions set out in the agreement. The court determined that the agreement was consistent with the broader objectives of the Fair Work Act and was made in good faith. The Commission's decision was based on a comprehensive analysis of the agreement and its compliance with the relevant statutory provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established