Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7820

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10737)

SC ACCESS FLOORS PTY LTD AND THE CFMEU BUILDING AND 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 SC Access Floors 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 SC Access Floors 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 15 October 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the SC Access Floors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission, which is the body responsible for approving such agreements. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for approval as set out in the Fair Work Act. The Commission had to consider whether the agreement was made in accordance with the prescribed bargaining processes and whether it included all the mandatory terms and conditions as required by the Act. The CFMEU argued that the agreement was made in good faith and was fair and reasonable, while SC Access Floors Pty Ltd raised concerns about certain provisions of the agreement.

The Commission found that the agreement was made in accordance with the prescribed bargaining processes and was fair and reasonable. The Commission noted that the parties had engaged in genuine bargaining, and the agreement included all the mandatory terms and conditions. The Commission also found that the agreement was not contrary to public policy and did not have an adverse effect on the broader economy. As a result, the Commission approved the agreement and ordered that it be registered with the Fair Work Commission.

The Fair Work Commission approved the SC Access Floors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, and ordered that it be registered with the Commission. The Commission found that the agreement was made in accordance with the prescribed bargaining processes and was fair and reasonable. The Commission also found that the agreement was not contrary to public policy and did not have an adverse effect on the broader economy.

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