Construction, Forestry, Mining and Energy Union

[2013] FWCA 8388

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10987)

COMPLETE ALUMINIUM INSTALLATIONS UNIT TRUST (ATF) T/AS COMPLETE ALUMINIUM INSTALLATIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Complete Aluminium Installations Unit Trust (ATF) T/As Complete Aluminium Installations 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 Complete Aluminium Installations Unit Trust (ATF) T/As Complete Aluminium Installations 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 1 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 applicants, Complete Aluminium Installations Unit Trust (ATF) trading as Complete Aluminium Installations Pty Ltd, sought approval of a proposed agreement from the Fair Work Commission under section 234 of the Fair Work Act 2009. The respondents were the Construction, Forestry, Mining and Energy Union and various affiliated entities. The dispute centred on the proposed agreement which was to replace the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act, including whether it was in the best interests of the employees it covered and whether it contained appropriate mechanisms for resolving disputes.

The primary legal issue before the Commission was whether the proposed agreement was fair and balanced, and whether it contained adequate provisions for the resolution of disputes between the parties. The Commission had to consider whether the agreement was likely to promote harmonious, productive and cooperative workplace relations and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to assess whether the agreement provided appropriate mechanisms for resolving disputes, including the establishment of a dispute resolution committee and the provision of an independent dispute resolution service.

The Commission found that the proposed agreement was fair and balanced, and contained appropriate mechanisms for resolving disputes. It concluded that the agreement was likely to promote harmonious, productive and cooperative workplace relations and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement provided appropriate mechanisms for resolving disputes, including the establishment of a dispute resolution committee and the provision of an independent dispute resolution service. The Commission approved the proposed agreement, noting that it was in the best interests of the employees it covered.

The Commission's decision was that the proposed agreement met the criteria for approval under the Fair Work Act. The agreement was approved as the CFMEU Building and Construction Industry Enterprise Agreement 2015-2019. The decision was made on the basis that the agreement was fair and balanced, contained appropriate mechanisms for resolving disputes, and was in the best interests of the employees it covered. The agreement was to be registered by the Registrar of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established