Construction, Forestry, Mining and Energy Union

[2013] FWCA 8676

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11132)

THE TRUSTEE FOR THE COMPLETE GROUP TRUST T/AS COMPLETE PANEL SYSTEMS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 7 NOVEMBER 2013

Application for approval of The Trustee for the Complete Group Trust T/As Complete Panel Systems 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 Trustee for the Complete Group Trust T/As Complete Panel Systems 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 14 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 case before the Fair Work Commission, the Complete Group Trust, trading as Complete Panel Systems, applied for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union (CFMEU) contested the application, asserting that the agreement did not meet the requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was appropriate for approval, focusing on its compliance with the legislative standards for enterprise agreements.

The primary legal issue the Commission addressed was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. The Commission examined whether the agreement had been made in good faith, whether it adhered to the process outlined in the Act, and whether it contained permissible provisions. The CFMEU argued that the agreement was not made in good faith, did not follow the necessary processes, and contained provisions that were not permissible under the Act.

The Commission found that the agreement was indeed made in good faith and followed the correct process. It concluded that the agreement contained permissible provisions and met all the requirements for approval under the Fair Work Act 2009. The Commission approved the agreement, emphasising the importance of enterprise agreements in maintaining fair and effective industrial relations. The decision confirmed that the agreement was appropriate for approval and rejected the CFMEU's objections.

The final order of the Commission was to approve the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 for The Trustee for the Complete Group Trust trading as Complete Panel Systems. This approval validated the agreement and allowed it to come into effect, ensuring that the terms and conditions of employment were legally recognised and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established