Construction, Forestry, Mining and Energy Union

[2013] FWCA 7292

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9439)

PUZZLE INTERIORS PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Puzzle Interiors 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 Puzzle Interiors 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 30 September 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Puzzle Interiors Pty Ltd were the parties involved in a dispute which was heard by the Fair Work Commission (FWC). The CFMEU, as a union, sought approval of a proposed enterprise agreement with Puzzle Interiors Pty Ltd, a company in the plastering industry, for the period of 2011 to 2015. The primary concern was whether the proposed agreement met the legal requirements under the Fair Work Act 2009, specifically if it adhered to the provisions regarding minimum terms and conditions of employment.

The legal issues before the FWC centred on the compliance of the proposed agreement with the Fair Work Act. This included whether the agreement provided for minimum wages and conditions, as well as whether it allowed for a fair balance between the rights and obligations of the parties. The CFMEU argued that the agreement was fair and balanced, while Puzzle Interiors Pty Ltd contested certain provisions, asserting they were overly restrictive and detrimental to the company's operational flexibility.

The FWC found that the proposed agreement generally met the requirements under the Fair Work Act, including the provision of minimum terms and conditions. However, the FWC did make some modifications to certain provisions to ensure a fair balance between the rights of the employees and the operational needs of the employer. The FWC concluded that, with these adjustments, the agreement was fair and reasonable, and thus approved the enterprise agreement as modified.

As a result, the Fair Work Commission granted approval for the Puzzle Interiors Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015, with the aforementioned modifications. The modifications ensured compliance with the statutory minimum terms and conditions while maintaining a fair balance between the parties' rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established