Construction, Forestry, Mining and Energy Union

[2013] FWCA 6245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2451)

FINER FLOOR FINISHINGS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 29 AUGUST 2013

Application for approval of the Finer Floor Finishings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Finer Floor Finishings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013 (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).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2013. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Finer Floor Finishings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013. The dispute arose between Finer Floor Finishings Pty Ltd, represented by its directors, and the Construction, Forestry, Mining and Energy Union, which sought to have the enterprise agreement approved under the Fair Work Act 2009. The union argued that the agreement met the requirements for approval, while the employer contested the application on several grounds, including that the agreement did not meet the criteria for a simple summary and that certain provisions were not fairly negotiated.

The central legal issues before the Commission were whether the enterprise agreement contained a simple summary, as required by section 233 of the Fair Work Act, and whether the agreement was the product of genuine bargaining. Additionally, the Commission had to determine whether certain provisions of the agreement were consistent with the Act and fair in terms of their content and negotiation process. The employer argued that the simple summary did not adequately capture the terms of the agreement, and that certain provisions were not the result of genuine negotiations.

In its decision, the Fair Work Commission found that the enterprise agreement did contain a simple summary that met the requirements of section 233 of the Fair Work Act. The Commission also determined that the agreement was the product of genuine bargaining, as there was evidence of a negotiation process that included multiple meetings and discussions between the parties. Regarding the specific provisions contested by the employer, the Commission found that they were fair and reasonable in the circumstances. Consequently, the Commission approved the Finer Floor Finishings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013, finding it to be in compliance with the relevant provisions of the Fair Work Act.

The Commission's final orders included the approval of the Finer Floor Finishings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013, effective from the date of the decision. The employer was directed to take all necessary steps to give effect to the approved agreement, including providing relevant documentation and notices to affected employees. The union was also directed to provide a copy of the approved agreement to the employer and to take any further steps necessary to ensure its implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established