Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7806

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10692)

STABILIME DISTRIBUTORS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Stabilime Distributors Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Stabilime Distributors Pty Ltd and the CFMEU Civil 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 15 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Stabilime Distributors Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The dispute arose when the company contested the application, raising concerns about the fairness and appropriateness of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issues before the Commission included whether the agreement was genuinely negotiated, whether it complied with the "better off overall test" and whether it contained all the required terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission needed to assess whether the agreement was fair and whether it complied with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement was genuinely negotiated and that it met the better off overall test. The Commission also confirmed that the agreement contained all the necessary terms and conditions as required by the Act. Furthermore, the Commission determined that the agreement was fair and did not contain any terms that would be contrary to public policy. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission ordered that the Stabilime Distributors Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 be approved and registered. The decision was made in accordance with the relevant provisions of the Fair Work Act, ensuring that the agreement met all necessary criteria for approval.

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