Construction, Forestry, Mining and Energy Union

[2013] FWCA 6277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8687)

BINLEC ENTERPRISES PTY LTD T/AS 3D GLASS & ALUMINIUM CONCEPTS 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 Binlec Enterprises Pty Ltd T/As 3D Glass & Aluminium Concepts 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 Binlec Enterprises Pty Ltd T/As 3D Glass & Aluminium Concepts 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 parties involved in this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and Binlec Enterprises Pty Ltd, trading as 3D Glass & Aluminium Concepts. The dispute arose from an application to the Fair Work Commission for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which was to cover employees of Binlec Enterprises Pty Ltd. The case was heard by the Full Bench of the Fair Work Commission. The central legal issues in this case revolved around the compliance of the proposed enterprise agreement with the relevant provisions of the Fair Work Act 2009, specifically focusing on whether the agreement met the requirements for good faith bargaining and whether it contained any provisions that would unfairly disadvantage the employees or the employer.

The court meticulously examined the procedural fairness of the bargaining process and the substantive content of the agreement. It considered whether the agreement was made in good faith, as mandated by the Fair Work Act, and whether it included any terms that would unfairly prejudice the interests of either party. The court also assessed if the agreement was consistent with the broader public interest and the principles of industrial relations law in Australia. Ultimately, the court determined that the agreement was made in good faith and did not unfairly disadvantage either party, and thus was compliant with the requirements of the Act. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Binlec Enterprises Pty Ltd T/As 3D Glass & Aluminium Concepts and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved. The court's decision was based on the comprehensive analysis of the agreement's compliance with the Fair Work Act and the fairness of its terms to both the employees and the employer. This approval ensures that the enterprise agreement will govern the employment conditions of the relevant workers as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established