Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2356)

INTEGRITY CARPETS PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 AUGUST 2013

Application for approval of the Integrity Carpets Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Integrity Carpets Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[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 Construction, Forestry, Mining and Energy Union, 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) 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Integrity Carpets Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA). The dispute arose under the Fair Work Act 2009, specifically regarding the requirements for a valid enterprise agreement. The application was heard by the Fair Work Commission, a specialist tribunal with jurisdiction over employment and workplace relations matters.

The legal issues before the Commission centred on whether the enterprise agreement met the statutory criteria for approval. Key among these was whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act. The Commission also needed to determine if the agreement contained terms that were contrary to public policy or were otherwise unlawful. Furthermore, it was necessary to assess whether the agreement was consistent with the overarching objectives of the Fair Work Act, including promoting high levels of employment and avoiding unnecessary detriment to employees or employers.

The Fair Work Commission carefully reviewed the procedural history of the agreement, confirming that the necessary bargaining processes had been followed and that all procedural requirements had been satisfied. The Commission then examined the substantive terms of the agreement, finding that none of the provisions were contrary to public policy or unlawful. The agreement was deemed to be consistent with the objectives of the Fair Work Act, promoting fair and constructive workplace relations. As a result, the Commission approved the Integrity Carpets Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014, affirming its validity and enforceability under the Act.

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