Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2840)

C & L CEILINGS AND CFMEU (WA) ENTERPRISE AGREEMENT 2013-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 OCTOBER 2013

Application for approval of the C & L Ceilings and CFMEU (WA) Enterprise Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the C & L Ceilings and CFMEU (WA) Enterprise Agreement 2013 - 2014 (the Agreement). The application was made 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 and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the C & L Ceilings and CFMEU (WA) Enterprise Agreement 2013-2014. The Construction, Forestry, Mining and Energy Union, acting on behalf of its members, sought the court's approval of the agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the statutory requirements for registration and whether it adhered to the provisions of the Act regarding fair and reasonable terms.

The court was required to determine whether the agreement met the necessary standards for approval, including ensuring that the agreement provided for fair and reasonable terms and conditions of employment. This involved examining whether the agreement complied with the procedural requirements for approval, such as the proper notification to relevant parties and the provision of relevant documentation. Additionally, the court had to consider whether the agreement's provisions aligned with the broader objectives of the Fair Work Act, which aim to balance the rights of employees and employers while promoting fair work practices.

The court found that the agreement was properly drafted and compliant with the procedural requirements for approval. It concluded that the agreement contained fair and reasonable terms for the employees and did not contravene any provisions of the Fair Work Act. The court emphasised the importance of maintaining a balance between the rights of employers and employees and ensuring that the agreement did not unfairly disadvantage any party. Given these findings, the court approved the C & L Ceilings and CFMEU (WA) Enterprise Agreement 2013-2014.

The court ordered that the agreement be approved and registered under the Fair Work Act 2009, effective from the date of the court's decision. The approval would ensure that the terms and conditions set out in the agreement would be legally binding on the parties involved, promoting fair and reasonable employment practices within the specified industry.

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