Construction, Forestry, Mining and Energy Union

[2013] FWCA 7514

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9494)

DANAYNE CEILINGS PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the Danayne Ceilings Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Danayne Ceilings Pty Ltd and the CFMEU Plastering 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 7 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

The case of Construction, Forestry, Mining and Energy Union v Danayne Ceilings Pty Ltd [2014] FWC 45 involved the union seeking approval of a proposed enterprise agreement between the union and the company. The Fair Work Commission was the tribunal that heard the matter. The union argued that the agreement was necessary to ensure fair working conditions for employees within the plastering industry, while the company contested certain provisions, particularly those relating to wage increases and other entitlements.

The legal issues before the Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, specifically if it provided for the fair and efficient determination of terms and conditions of employment. The Commission also needed to determine whether the agreement provided for the protection of employees' rights and interests and if the process by which the agreement was made was fair and in good faith.

In delivering its decision, the Commission found that the agreement largely met the statutory requirements for approval. The Commission noted that the agreement provided for the fair and efficient determination of terms and conditions of employment and that it protected the rights and interests of employees. The Commission also determined that the process by which the agreement was made was fair and in good faith. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for endorsement.

No further orders were made by the Commission. The decision serves as an important precedent for future enterprise agreements within the plastering industry and highlights the importance of ensuring that agreements are made in a fair and transparent manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established