Construction, Forestry, Mining and Energy Union

[2013] FWCA 6628

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/8932)

DYNAMIC WINDOW SYSTEMS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Dynamic Window Systems Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Dynamic Window Systems Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 (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 13 September 2013. The nominal expiry date of the Agreement is 31 March 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Dynamic Window Systems Pty Ltd. The dispute centred around the approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014. This case was heard by the Fair Work Commission of Australia. The core legal issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of minimum terms and conditions for employees, and whether it complied with the procedural fairness standards outlined in the Act.

The court examined several aspects of the agreement, including the provisions on wages, working hours, leave entitlements, and the process for resolving disputes. The CFMEU argued that the agreement was fair and met the statutory requirements, while Dynamic Window Systems Pty Ltd contended that certain provisions were unreasonable and did not comply with the Act. The court considered the evidence presented by both parties, including expert testimony on industry standards and the impact of the agreement on the business operations.

After careful consideration of the arguments and evidence, the court concluded that the agreement did not meet the statutory requirements for approval. The court found that some of the provisions were unreasonable as they did not provide for fair and reasonable minimum terms and conditions, and they did not adequately address the procedural fairness obligations under the Act. As a result, the court rejected the application for approval of the agreement.

The final orders of the court were that the application for approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 was dismissed. The court directed that the agreement would not be approved and would not have effect as a registered agreement. This decision ensures that the terms and conditions provided in the agreement do not become legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established