Construction, Forestry, Mining and Energy Union

[2013] FWCA 6274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8635)

ANTICEVIC, CARY T/AS PARAMOUNT FLOOR PREPARATIONS 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 Anticevic, Cary T/As Paramount Floor Preparations 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 Anticevic, Cary T/As Paramount Floor Preparations 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 Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the Anticevic, Cary T/As Paramount Floor Preparations and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 before the Fair Work Commission. The primary dispute was whether the enterprise agreement should be approved under the Fair Work Act, considering its provisions and compliance with relevant legal standards.

The legal issues before the court involved the interpretation and application of the Fair Work Act, particularly focusing on the procedural fairness in the agreement's negotiation and the substantive content of the agreement itself. Key questions included whether the agreement was genuinely negotiated and if it adhered to the legal requirements for enterprise agreements.

In delivering its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. It was determined that the negotiation process met the procedural fairness requirements, and the agreement was genuinely negotiated between the parties. The court also found that the agreement complied with the substantive legal standards under the Fair Work Act. As a result, the court approved the enterprise agreement, confirming its validity and enforceability.

The final orders of the court included the approval of the Anticevic, Cary T/As Paramount Floor Preparations and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, recognising its compliance with the Fair Work Act and affirming its enforceability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established