Construction, Forestry, Mining and Energy Union

[2013] FWCA 6634

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9093)

SINGH, RAJVIR T/AS WOW PAINTING & RENOVATING SERVICES AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Singh, Rajvir T/As Wow Painting & Renovating Services 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 Singh, Rajvir T/As Wow Painting & Renovating Services 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 13 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 matter before the Fair Work Commission (FWC) involved an application for approval of the Singh, Rajvir T/As Wow Painting & Renovating Services and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose from the union's request for the FWC to approve the enterprise agreement, which was contested by the employer. The FWC was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement satisfied the procedural prerequisites for approval, such as the existence of genuine enterprise bargaining and the provision of requisite information to employees. Additionally, the FWC had to consider if the agreement contained the necessary good faith bargaining provisions and whether the agreement's terms and conditions complied with the statutory minimum standards set out in the Fair Work Act.

The FWC determined that the agreement satisfied the procedural requirements for approval. It was established that the union had engaged in genuine enterprise bargaining with the employer, and all necessary information had been provided to the employees. The FWC also found that the agreement included the requisite good faith bargaining provisions. However, the FWC did identify certain terms and conditions within the agreement that did not meet the statutory minimum standards. Despite these shortcomings, the FWC concluded that the overall provisions of the agreement were fair and reasonable and approved the agreement. The FWC further directed the parties to negotiate and resolve the terms that did not meet the minimum standards within a specified timeframe.

In conclusion, the FWC approved the enterprise agreement but mandated that the parties address and rectify the terms that did not comply with the statutory minimum standards within a designated period. This decision underscores the importance of ensuring that enterprise agreements not only meet procedural requirements but also adhere to the statutory minimum standards set by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established