Construction, Forestry, Mining and Energy Union

[2013] FWCA 7023

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9378)

CROWN PAINTING SERVICE PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Crown Painting Service Pty Ltd 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 Crown Painting Service Pty Ltd 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] 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 24 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 case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Crown Painting Service Pty Ltd. The central issue was the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which had been entered into by the parties. The court was tasked with assessing whether the agreement met the statutory requirements for approval under the relevant industrial relations legislation.

The legal issues before the court included whether the agreement was appropriately negotiated, whether it complied with the procedural requirements for approval, and whether it adhered to the provisions of the Fair Work Act 2009. Additionally, the court needed to consider whether the agreement contained terms that were fair and reasonable, and whether it met the criteria for being a single, integrated agreement as required by the legislation.

The court found that the agreement was appropriately negotiated and complied with the procedural requirements for approval. It determined that the agreement contained terms that were fair and reasonable and met the criteria for being a single, integrated agreement. The court was satisfied that the agreement was appropriately registered and approved under the Fair Work Act 2009.

The court approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding that it met all the statutory requirements for registration and approval. The agreement was deemed to be a valid and binding agreement between the parties, providing a framework for the employment conditions of the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established