Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8506

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11017)

MR WHITEBOARDS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 OCTOBER 2013

Application for approval of the Mr Whiteboards 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 Mr Whiteboards 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 5 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 case involved an application for the approval of an enterprise agreement between Mr Whiteboards Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, a tribunal with jurisdiction to oversee and approve enterprise agreements in Australia. The CFMEU sought approval for the agreement, which was intended to regulate employment terms and conditions for employees of Mr Whiteboards Pty Ltd.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and whether it contained all necessary provisions as stipulated by the Act. The Commission also needed to determine whether the agreement adhered to the principles of proportionality and balance, ensuring that it did not unduly favour either party.

The Fair Work Commission evaluated the agreement against these criteria, taking into account submissions from both the CFMEU and Mr Whiteboards Pty Ltd. The Commission considered the nature of the agreement, its implications for employees, and whether it provided for a fair and efficient workplace. After reviewing the submissions and the content of the agreement, the Commission found that the agreement met the statutory requirements and did not unfairly disadvantage either party. The agreement was therefore approved, ensuring that it would govern the employment conditions of Mr Whiteboards Pty Ltd employees as intended.

The Fair Work Commission granted the application for approval of the enterprise agreement, thereby allowing it to take effect. This decision ensures that the agreed terms and conditions, as set out in the agreement, will apply to the employees of Mr Whiteboards Pty Ltd. The approval signifies the Commission’s determination that the agreement was made in good faith, provides for a fair and efficient workplace, and complies with all relevant statutory requirements.

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