Construction, Forestry, Mining and Energy Union

[2013] FWCA 8043

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10798)

ZHU SHEN PTY LTD T/AS AIKON INTERIOR AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 15 OCTOBER 2013

Application for approval of the Zhu Shen Pty Ltd T/As Aikon Interior and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Zhu Shen Pty Ltd T/As Aikon Interior and the CFMEU Plastering 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 22 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 applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the Zhu Shen Pty Ltd T/As Aikon Interior and the CFMEU Plastering Industry Enterprise Agreement 2011-2015 in the Fair Work Commission. The dispute centred around whether the agreement met the statutory requirements for approval, particularly concerning the provisions relating to the classification of employees and the processes for resolving disputes. The case was heard by the Full Bench of the Commission, which consisted of a President and two Commissioners.

The legal issues before the Commission included whether the agreement contained all the prescribed terms required by section 232 of the Fair Work Act 2009 (Cth), whether the agreement was in the best interests of the employees, and whether the agreement was made in good faith. The Commission had to determine if the classification of employees and the dispute resolution processes outlined in the agreement complied with the Act and its regulations. Additionally, the CFMEU argued that the agreement was necessary to address specific issues in the plastering industry, including the need for standardised classifications and dispute resolution mechanisms.

The Full Bench found that the agreement was generally in the best interests of the employees and was made in good faith. The Commission determined that the agreement contained all the prescribed terms, and while there were some issues with the classification of employees, these did not render the agreement invalid. The Commission noted that the agreement provided for a fair and efficient process for resolving disputes, which was in the interests of both employers and employees. Consequently, the Full Bench approved the agreement, finding that it met the statutory requirements and would benefit the parties involved.

The final orders of the Commission included the approval of the Zhu Shen Pty Ltd T/As Aikon Interior and the CFMEU Plastering Industry Enterprise Agreement 2011-2015, with certain modifications to address the classification issues identified. The Commission also directed the parties to implement the agreement and to take steps to resolve any outstanding classification disputes in accordance with the approved processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established