Construction, Forestry, Mining and Energy Union

[2013] FWCA 5889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2187)

REDTAIL DECORATING PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 AUGUST 2013

Application for approval of the Redtail Decorating 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 Redtail Decorating 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Redtail Decorating Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014. The applicant, the Construction, Forestry, Mining and Energy Union (WA Branch), sought to have the enterprise agreement approved by the Fair Work Commission, which would render it legally enforceable. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and related industrial laws.

The central legal issues the court had to address were whether the enterprise agreement was genuinely negotiated between the parties and whether it met the statutory requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement included appropriate mechanisms for dispute resolution and if it adhered to the procedural fairness standards expected under the law. Additionally, the court had to examine if the agreement provided for minimum terms and conditions of employment as required by the Fair Work Act.

The court found that the enterprise agreement was genuinely negotiated and met the statutory requirements. It concluded that the agreement contained adequate provisions for dispute resolution and adhered to procedural fairness standards. The court also determined that the agreement satisfied the minimum terms and conditions of employment as stipulated by the Fair Work Act. Consequently, the court approved the enterprise agreement, making it legally enforceable.

The final orders of the court were that the Redtail Decorating Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 be approved and registered with the Fair Work Commission. This approval rendered the agreement binding and enforceable between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established