Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8102

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10830)

INFORM PRECAST PANELS (AUST) PTY LTD AND THE CFMEU PRECAST PANEL INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 OCTOBER 2013

Application for approval of the Inform Precast Panels (Aust) Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Inform Precast Panels (Aust) Pty Ltd and the CFMEU Precast Panel 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 23 October 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 for approval of the Inform Precast Panels (Aust) Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015. The applicant sought to have the agreement registered under the Fair Work Act 2009. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was in the public interest, and whether it met the criteria for registration under the Fair Work Act.

The Commission considered the nature of the agreement, the bargaining process, and the public interest factors. The Commission noted that the agreement was the result of good faith negotiations between the parties and that it contained provisions that were fair and reasonable. The Commission also found that the agreement met the criteria for registration under the Fair Work Act, including that it provided for a streamlined dispute resolution process and that it was in the public interest. The Commission approved the agreement and registered it under the Fair Work Act.

The Fair Work Commission approved the Inform Precast Panels (Aust) Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015 and registered it under the Fair Work Act. The Commission found that the agreement was the result of good faith negotiations, that it contained fair and reasonable provisions, and that it met the criteria for registration under the Fair Work Act. The Commission also found that the agreement was in the public interest, including that it provided for a streamlined dispute resolution process. The Commission's decision was based on the evidence and submissions presented by the parties, and it was consistent with the principles of the Fair Work Act.

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