Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8599

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11088)

FIXERS AND FINISHERS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Fixers and Finishers 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 Fixers and Finishers 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 8 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) filed an application for the approval of the Fixers and Finishers Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement, negotiated between the CFMEU and Fixers and Finishers, was to cover employees of Fixers and Finishers who are members of the CFMEU. The primary dispute centred on the procedural fairness and the merits of the agreement, specifically the provisions concerning wages and other employment conditions.

The central legal issues before the Commission were whether the agreement was properly negotiated and whether it met the requirements of procedural fairness and substantive fairness. The Commission had to examine if the agreement was made in good faith, if the negotiation process was fair, and if the terms of the agreement were reasonable and not detrimental to the employees. The Commission also needed to determine if the agreement complied with the Fair Work Act 2009 and the relevant industrial instruments.

In its decision, the Commission found that the negotiation process was generally fair and that the agreement was made in good faith. The Commission examined the wage provisions and other terms of the agreement, considering the economic climate and the needs of the parties involved. After careful consideration, the Commission approved the agreement, finding it to be fair and reasonable. The decision highlighted the importance of balancing the interests of the employer and the employees while ensuring that the agreement did not unfairly disadvantage any party.

The Commission's final order was the approval of the Fixers and Finishers Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees for the duration specified in the agreement.

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