Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8600

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11091)

PRISTINE STONE PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 1 NOVEMBER 2013

Application for approval of the Pristine Stone Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Pristine Stone Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 (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 8 November 2013. The nominal expiry date of the Agreement is 31 March 2014.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Pristine Stone Pty Ltd and the Construction, Forestry, Mining and Energy Union Shop Fitting Manufacturing Enterprise Agreement 2011-2014. The applicant, the union, sought approval of the agreement, which was argued to meet the requirements of the Fair Work Act 2009. The respondent, the employer, opposed the application, arguing that the agreement did not meet the "better off overall test" and contained provisions that were contrary to public policy.

The central legal issue for the Commission to determine was whether the agreement was a "single, clear and whole agreement" that complied with the statutory requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement was made in good faith, if it was appropriately certified, and if it met the "better off overall test". The Commission also had to determine if any of the provisions in the agreement were contrary to public policy or contained matters that were not bargainable.

In assessing the agreement, the Commission found that it was a single, clear, and whole agreement made in good faith. The Commission held that the agreement was appropriately certified and met the "better off overall test". The Commission also found that none of the provisions in the agreement were contrary to public policy or contained matters that were not bargainable. The Commission approved the agreement, finding that it met all the statutory requirements of the Fair Work Act.

The Fair Work Commission approved the Pristine Stone Pty Ltd and the Construction, Forestry, Mining and Energy Union Shop Fitting Manufacturing Enterprise Agreement 2011-2014. The Commission found that the agreement was a single, clear, and whole agreement made in good faith and met the "better off overall test". The Commission also found that none of the provisions in the agreement were contrary to public policy or contained matters that were not bargainable. The agreement was therefore approved in its entirety.

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