Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8513

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11049)

MACKEN FAMILY TRUST T/AS OFFICE PARTITIONING SYSTEMS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 OCTOBER 2013

Application for approval of the Macken Family Trust T/As Office Partitioning 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 Macken Family Trust T/As Office Partitioning 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 6 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Macken Family Trust T/As Office Partitioning Systems and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The FWC was required to decide whether the agreement was in the interests of the employees and whether it complied with the Fair Work Act 2009 (FW Act). The CFMEU argued that the agreement was fair and reasonable, while the Macken Family Trust contended that certain provisions were overly restrictive and not in the best interests of the employees.

The FWC examined the agreement's provisions and determined that several clauses were overly restrictive and not in the best interests of the employees. The FWC found that the agreement did not meet the criteria for approval under section 233 of the FW Act. The CFMEU argued that the restrictive provisions were necessary to protect the employees' interests and ensure fair wages and working conditions. However, the FWC found that the agreement did not strike an appropriate balance between the rights and interests of the employees and the employer.

The FWC refused to approve the agreement, citing the overly restrictive provisions that were not in the best interests of the employees. The FWC concluded that the agreement did not comply with the FW Act and was not fair and reasonable. The CFMEU and the Macken Family Trust were given the opportunity to negotiate a revised agreement that met the FWC's requirements. The FWC's decision was binding and could not be appealed.

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