Construction, Forestry, Mining and Energy Union

[2013] FWCA 6629

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/8935)

KOSLOVA FU FAMILY TRUST T/AS VS INTERIORS AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Koslova Fu Family Trust T/As VS Interiors and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Koslova Fu Family Trust T/As VS Interiors 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 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission (FWC) for the Koslova Fu Family Trust trading as VS Interiors and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The Trust contested the application, arguing that the agreement did not meet the legal requirements for registration under the Fair Work Act 2009. The dispute centred on the process through which the agreement was negotiated and whether it complied with the FWC's criteria for approval.

The central legal issue before the Commission was whether the enterprise agreement had been genuinely negotiated and if the process followed was in line with the relevant legislative requirements. The Trust claimed that the negotiation process did not adequately reflect the workforce's views and was not conducted in good faith. The CFMEU, on the other hand, argued that the agreement was negotiated in accordance with the statutory provisions and represented the interests of the employees effectively.

The Fair Work Commission examined the evidence presented by both parties, focusing on the negotiation process and the agreement's compliance with the Fair Work Act. The Commission found that the negotiation process was flawed, as it did not ensure that the agreement reflected the genuine preferences of the employees. Despite the shortcomings in the negotiation process, the FWC decided to approve the enterprise agreement on the basis that it contained fair and reasonable terms and conditions for the employees. The Commission emphasised the importance of ensuring that future agreements are negotiated in a manner that genuinely represents the workforce's interests.

The Fair Work Commission approved the Koslova Fu Family Trust t/as VS Interiors and the CFMEU Plastering Industry Enterprise Agreement 2011-2015, highlighting the need for proper negotiation processes in future agreements. The decision underscored the importance of ensuring that enterprise agreements are negotiated in good faith and genuinely reflect the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established