Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6627

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/8931)

DYNAMIC WINDOW SYSTEMS PTY LTD 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 Dynamic Window Systems 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 Dynamic Window Systems 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 13 September 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for approval of the Dynamic Window Systems Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The agreement sought approval under the Fair Work Act 2009, and the application was made by the union. The primary issue before the Court was whether the agreement met the criteria for approval as stipulated in the Act, specifically whether it contained the required "no disadvantage" and "no disharmony" terms, and if it complied with the procedural requirements of the Fair Work Act.

The Court considered the terms of the agreement and whether they met the statutory requirements. The Court examined whether the agreement contained provisions that ensured employees were not worse off than they would have been under their existing awards or agreements. The Court also looked at whether the agreement contained provisions that would cause industrial disharmony. Furthermore, the Court assessed whether the agreement had been made in accordance with the procedural requirements of the Act, including whether there had been proper consultation between the parties and whether the agreement had been properly balloted.

After examining the agreement and the evidence presented by both parties, the Court found that the agreement met the statutory requirements for approval. The Court determined that the agreement contained provisions that ensured employees would not be worse off and that it did not contain any provisions that would cause industrial disharmony. The Court also found that the agreement had been made in accordance with the procedural requirements of the Act, including proper consultation and balloting. The Court approved the agreement, and it came into effect on the date of the decision.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established