Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8626)

OAKTREE CARPENTRY PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the Oaktree Carpentry 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 Oaktree Carpentry 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 6 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 involved an application for the approval of the Oaktree Carpentry Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the procedural fairness and the merits of the proposed enterprise agreement. The applicant, Oaktree Carpentry, sought to have the agreement approved by the Commission, while the union, CFMEU, contested certain aspects of the agreement on behalf of its members.

The legal issues the Commission needed to address were primarily concerned with whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and whether the application met the criteria for approval. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if the procedural fairness requirements were met. Additionally, the Commission needed to assess whether the agreement met the "better off overall test," ensuring that employees were not disadvantaged by the terms of the agreement.

In considering these issues, the Commission found that the agreement was genuinely negotiated between the parties, and the procedural fairness requirements were met. The Commission also determined that the agreement satisfied the "better off overall test," as the majority of employees were not worse off and some were better off as a result of the agreement. Consequently, the Commission approved the application, confirming that the enterprise agreement was fit for purpose and met all the necessary legal criteria.

As a result of the Commission's decision, the Oaktree Carpentry Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered, taking effect from the date of the decision. The agreement now governs the employment conditions for the employees of Oaktree Carpentry, providing a framework for their wages, hours of work, and other employment terms as outlined in the approved agreement.

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