Construction, Forestry, Mining and Energy Union

[2013] FWCA 7021

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9375)

7 STAR PAINTING SERVICES 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 7 Star Painting Services 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 7 Star Painting Services 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the 7 Star Painting Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the interpretation and application of the Fair Work Act 2009 in the context of the proposed enterprise agreement. The Commission was required to determine whether the agreement met the statutory requirements for approval, including whether it contained unfair provisions or failed to comply with procedural prerequisites.

The legal issues before the Commission involved assessing the fairness of the agreement and ensuring it adhered to the legislative criteria. Key considerations included whether the agreement had been negotiated in good faith, whether it provided for genuine bargaining, and whether it contained provisions that were contrary to public policy or contravened the Fair Work Act. The Commission also examined whether the necessary procedural steps had been followed, including the provision of a copy of the agreement to the Fair Work Ombudsman and the opportunity for the agreement to be registered.

The Commission found that the agreement was negotiated in good faith and met the criteria for approval. It concluded that the agreement contained no unfair provisions and complied with all procedural requirements. The Commission noted that the agreement addressed various aspects of employment conditions, including wages, hours of work, and other terms and conditions. The Commission approved the agreement, emphasising its adherence to the statutory framework and its alignment with the principles of the Fair Work Act.

As a result of the decision, the 7 Star Painting Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered with the Fair Work Commission. The agreement became legally binding on the parties, setting out the terms and conditions of employment for the duration of the agreement. This decision provided clarity and certainty for both the employer and the union regarding the terms of employment under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established