Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7300

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9482)

DROUGHTON FAMILY TRUST T/AS DECIBELL INSTALLATIONS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Droughton Family Trust T/As Decibell Installations 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 Droughton Family Trust T/As Decibell Installations 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 September 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 an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to have the Droughton Family Trust, trading as Decibell Installations, recognised as an employer for the purposes of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court was required to determine whether Decibell Installations was indeed an employer within the scope of the agreement and whether the application met the necessary criteria under the relevant industrial relations legislation. The primary legal issues centred on whether the application correctly identified Decibell Installations as an employer and if the application complied with the procedural requirements set forth by the Fair Work Commission.

The court examined the definitions and criteria for employer status under the Fair Work Act 2009 and related regulations. It considered whether Decibell Installations met the definition of an employer by assessing the nature of the work performed by its employees and the terms of the employment contracts. The court also scrutinised the procedural requirements of the application to ensure it was correctly filed and contained all necessary documentation. The court concluded that Decibell Installations did indeed meet the definition of an employer and that the application was procedurally sound, thus granting the approval sought by the CFMEU.

The court found that Decibell Installations was an employer for the purposes of the enterprise agreement, as it employed workers who were engaged in the building and construction industry and who were covered by the agreement. The court also confirmed that the application met all procedural requirements, including the submission of relevant documents and compliance with the Fair Work Commission’s guidelines. The court's decision was based on a detailed analysis of the evidence presented and a thorough application of the relevant industrial relations laws.

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