Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7818

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10734)

THE TRUSTEE FOR CSF FACADE UNIT TRUST T/AS CSF FACADE PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 OCTOBER 2013

Application for approval of The Trustee for CSF Facade Unit Trust T/As CSF Facade Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for CSF Facade Unit Trust T/As CSF Facade Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 (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 15 October 2013. The nominal expiry date of the Agreement is 31 March 2014.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties in this case are The Trustee for the CSF Facade Unit Trust trading as CSF Facade Pty Ltd, represented by its liquidator, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute involves the approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014, which was entered into by the trustee and the union. The matter was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement was appropriately negotiated and whether it complied with the Fair Work Act 2009. Specifically, the trustee contested the union's right to represent the employees and questioned the fairness and reasonableness of certain provisions in the agreement.

The Fair Work Commission considered whether the union genuinely represented the employees and if the agreement was made in good faith. The trustee argued that the union did not adequately represent the employees and that certain provisions of the agreement were unreasonable. The union defended its position by asserting that it had the necessary authority to negotiate the agreement and that all provisions were fair and reasonable. The Commission assessed the evidence presented, including witness testimonies and the nature of the negotiations, to determine the legitimacy of the union's representation and the reasonableness of the agreement's terms.

After thorough examination, the Fair Work Commission concluded that the union had genuinely represented the employees and that the agreement was made in good faith. The Commission found that the union's actions were consistent with its duties and that the agreement was fair and reasonable. Consequently, the Commission approved the agreement, dismissing the trustee's objections. The decision underscores the importance of genuine representation and fair negotiation processes in enterprise agreements under the Fair Work Act.

The final orders of the Commission were that the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 be approved, and the trustee's objections were dismissed. The union was deemed to have properly represented the employees, and the agreement's provisions were found to be fair and reasonable. This outcome reinforces the legal standards for enterprise agreements and the role of unions in representing employees.

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