Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8619)

STRIKE FAMILY TRUST T/AS STRIKE SHOPFITTING 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 Strike Family Trust T/As Strike Shopfitting 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 Strike Family Trust T/As Strike Shopfitting 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Strike Family Trust T/As Strike Shopfitting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought pursuant to section 235 of the Fair Work Act 2009, seeking the Commission’s approval of the enterprise agreement as an approved agreement. The application was opposed by the Building and Construction General On-Site Union (BCGSU), which argued that the agreement did not meet the requirements of the Act and was not in the interests of the employees.

The primary legal issues the Commission had to determine were whether the application complied with the statutory requirements and whether the agreement was in the interests of the employees. The Commission had to consider whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by law, and whether it was fair and reasonable. The Commission also had to consider the interests of the employees and whether the agreement would provide them with a better outcome than if it had not been made.

The Commission found that the application complied with the statutory requirements and that the agreement was in the interests of the employees. The Commission held that the agreement was made in good faith and contained the minimum terms and conditions required by law. The Commission also found that the agreement was fair and reasonable and provided the employees with a better outcome than if it had not been made. The Commission noted that the agreement provided for improved wages and conditions for the employees and that it was supported by both the CFMEU and the employer. The Commission concluded that the agreement was in the best interests of the employees and approved the application.

The Fair Work Commission approved the application for the Strike Family Trust T/As Strike Shopfitting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 as an approved agreement. The Commission made an order that the agreement be registered as an approved agreement under section 176 of the Fair Work Act 2009. The Commission also made an order that the agreement be published on its website and that a copy of the agreement be provided to the parties. The Commission’s decision was final and binding on all parties.

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