Construction, Forestry, Mining and Energy Union

[2013] FWCA 7796

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9641)

DOTCOM INTERIORS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 OCTOBER 2013

Application for approval of the Dotcom Interiors Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dotcom Interiors Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 15 October 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for approval of a collective agreement between the CFMEU and Dotcom Interiors Pty Ltd, dated 2013-2014, with the Fair Work Commission (FWC). The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement was made genuinely for the purpose of establishing or varying an enterprise agreement, whether it was made in good faith, and whether it contained certain mandatory provisions as required by the Act.

The FWC found that the agreement was made genuinely for the purpose of establishing an enterprise agreement and that it was made in good faith. The FWC also determined that the agreement contained all the mandatory provisions required by the Act, such as those relating to minimum wages and other conditions of employment. The FWC noted that there were some procedural issues in the manner the agreement was negotiated, but these did not undermine the overall genuineness of the agreement or its compliance with the Act.

In light of the findings, the FWC approved the Dotcom Interiors Pty Ltd / CFMEU Collective Agreement 2013-2014. The FWC emphasised the importance of the parties adhering to the procedural requirements in future negotiations to ensure compliance with the Act. The decision underscores the FWC's role in ensuring that collective agreements meet the legal standards set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established