Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7819

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10736)

LOZA-SMITH FAMILY DISCRET TRUST (THE TRUSTEE FOR) T/AS DM SIGNS 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 Loza-Smith Family Discret Trust (The Trustee for) T/As DM Signs 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 Loza-Smith Family Discret Trust (The Trustee for) T/As DM Signs 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 case before the court involved the Construction, Forestry, Mining and Energy Union and the Loza-Smith Family Discretionary Trust trading as DM Signs Pty Ltd. The dispute centred around the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which was proposed by the union. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it was in the best interests of the employees covered by the agreement. The Commission also had to consider if the agreement was fair and reasonable, taking into account the needs of employers and employees, and if it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission examined if the union had appropriately represented its members and if there was any undue influence or coercion in the agreement process.

The Commission found that the proposed agreement was fair and reasonable, taking into account the economic circumstances and the needs of both employers and employees. It was determined that the union had appropriately represented its members and that the agreement was in their best interests. The Commission was satisfied that the process of reaching the agreement was conducted in good faith and adhered to the principles of procedural fairness. Consequently, the Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, confirming its compliance with the Fair Work Act 2009. The decision recognised the agreement as being in the best interests of the employees and fair and reasonable for both employers and employees. The Commission's approval was based on the union's appropriate representation of its members and the adherence to good faith bargaining and procedural fairness during the agreement process.

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