Construction, Forestry, Mining and Energy Union

[2013] FWCA 8509

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11020)

BAROLLI FAMILY TRUST (THE TRUSTEE FOR) T/AS DYNAMIC PAINT BROTHERS 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 Barolli Family Trust (The Trustee for) T/As Dynamic Paint Brothers 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 Barolli Family Trust (The Trustee for) T/As Dynamic Paint Brothers 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

In the matter of the Construction, Forestry, Mining and Energy Union (CFMEU) and the Barolli Family Trust (the Trustee for) T/As Dynamic Paint Brothers Pty Ltd, the Fair Work Commission (FWC) was tasked with considering an application for the approval of a new enterprise agreement. The dispute centred around whether the terms and conditions outlined in the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which was proposed to be implemented at Dynamic Paint Brothers Pty Ltd, complied with the requirements of the Fair Work Act 2009 (Cth).

The legal issues before the FWC required the determination of whether the proposed agreement met the procedural and substantive fairness criteria. Procedurally, the court needed to assess whether the agreement had been genuinely negotiated and whether appropriate steps had been taken to inform and consult employees. Substantively, the court had to examine whether the terms of the agreement were reasonable in all aspects, including provisions on wages, working conditions, and dispute resolution mechanisms.

The FWC, after reviewing the evidence and submissions from both parties, determined that the agreement was genuinely negotiated and that appropriate procedural steps had been followed. The court found that the agreement was fair and reasonable in its terms, covering aspects such as wages, leave provisions, and dispute resolution mechanisms. The FWC approved the agreement, noting that it balanced the interests of both the employer and the employees while adhering to the statutory requirements under the Fair Work Act.

The final orders of the FWC were that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, as proposed for Dynamic Paint Brothers Pty Ltd, was approved and registered. This decision provided legal certainty to both parties regarding the terms and conditions of employment going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established