Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2953)

NBD COMMERCIAL FLOORS PTY LTD AND CFMEU- FFPD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 24 SEPTEMBER 2013

Application for approval of the NBD Commercial Floors Pty Ltd and CFMEU- FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the NBD Commercial Floors Pty Ltd and CFMEU- FFPD Enterprise Agreement 2013 (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).

[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 CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 1 October 2013. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the NBD Commercial Floors Pty Ltd and CFMEU-FFPD Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The Construction, Forestry, Mining and Energy Union (CFMEU) sought to have the enterprise agreement approved, while NBD Commercial Floors Pty Ltd did not oppose the application but raised concerns about specific clauses within the agreement.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "better off overall and in the round" as mandated by the legislation. The concerns raised by NBD Commercial Floors Pty Ltd centred on particular clauses that the company believed could potentially impose additional obligations or costs.

The Commission undertook a detailed analysis of the enterprise agreement, examining each clause in light of the statutory requirements. After careful consideration, the Commission concluded that the agreement was fair and met the necessary criteria. It found that the employees would be better off overall and in the round, despite the concerns raised by NBD Commercial Floors Pty Ltd. The Commission’s decision was based on a comprehensive assessment of the overall benefits provided by the agreement to the employees.

As a result of the Commission’s decision, the NBD Commercial Floors Pty Ltd and CFMEU-FFPD Enterprise Agreement 2013 was approved. The approval ensures that the terms and conditions set out in the agreement are legally enforceable, providing a framework for the employment relationship between the parties.

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