Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9121

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11473)

PRO LIFT AUSTRALIA PTY LTD T/AS PROLIFT FLOORSCAPE AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 20 NOVEMBER 2013

Application for approval of the Pro Lift Australia Pty Ltd T/As Prolift Floorscape 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 Pro Lift Australia Pty Ltd T/As Prolift Floorscape 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 27 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 matter of Construction, Forestry, Mining and Energy Union, the applicant, and Pro Lift Australia Pty Ltd T/As Prolift Floorscape, the respondent, the Fair Work Commission was tasked with determining the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The central dispute centred around the interpretation and application of certain provisions within the agreement, particularly those related to employee entitlements, working conditions, and the implementation of dispute resolution mechanisms. The applicant sought approval of the agreement, arguing that it fairly and accurately reflected the terms negotiated between the parties, while the respondent contested specific clauses, claiming they were either ambiguous or unfair.

The primary legal issues that the Commission had to address involved the interpretation of the agreement's provisions, the fairness of certain terms, and whether the agreement complied with relevant industrial laws and regulations. The Commission needed to assess whether the agreement was consistent with the Fair Work Act 2009, and whether it provided for a fair and equitable resolution of employment matters. Additionally, the Commission had to consider whether the agreement adequately addressed the rights and obligations of both employers and employees within the specified industry.

After a thorough review of the evidence and submissions presented by both parties, the Commission found that the majority of the agreement's provisions were clear, fair, and in compliance with industrial laws. However, certain clauses were deemed ambiguous or potentially unfair, leading the Commission to make specific modifications. The Commission emphasised the importance of clear communication and mutual understanding in the negotiation and implementation of enterprise agreements. The final decision was to approve the agreement with amendments to certain clauses, ensuring that it met the necessary standards of fairness and compliance.

The Fair Work Commission's final order was the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with modifications to the contested clauses. The respondent was required to implement these changes within a specified timeframe, ensuring that the agreement was fair and compliant with all relevant industrial laws. This decision underscores the importance of clear and fair agreements in maintaining harmonious industrial relations.

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