Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8818

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11345)

PRESTIGE MOVING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 NOVEMBER 2013

Application for approval of the Prestige Moving 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 Prestige Moving 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 19 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

The applicants, Prestige Moving Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of their enterprise agreement from the Fair Work Commission. The agreement was intended to cover employees of Prestige Moving Pty Ltd who are members of the CFMEU. The dispute arose when Prestige Moving Pty Ltd sought to have the agreement approved, while the CFMEU sought to have it certified as a green fields agreement. The Fair Work Commission was the court in which this matter was heard.

The legal issues before the Fair Work Commission included whether the agreement was a genuine enterprise agreement, whether it met the requirements for approval under the Fair Work Act 2009, and whether it should be certified as a green fields agreement. The applicants argued that the agreement was a genuine enterprise agreement that met all the requirements for approval, while the respondents argued that it did not meet the requirements for approval and should be certified as a green fields agreement.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and met all the requirements for approval under the Fair Work Act 2009. The Commission rejected the argument that the agreement should be certified as a green fields agreement, finding that the agreement had been negotiated in good faith and was not intended to create a new enterprise. The Commission approved the agreement and ordered that it be registered with the Fair Work Commission.

The final orders of the Fair Work Commission included the approval and registration of the Prestige Moving Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was approved as a genuine enterprise agreement and was not certified as a green fields agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision.

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