Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7993)

NIKOLA & MILIJADA MILIVOJA T/AS NM CABINETS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 14 AUGUST 2013

Application for approval of the Nikola & Milijada Milivoja T/As NM Cabinets 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 Nikola & Milijada Milivoja T/As NM Cabinets 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 21 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Nikola & Milijada Milivoja T/As NM Cabinets and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under the Fair Work Act 2009. The Federal Court was required to determine whether the agreement met the statutory requirements for approval.

The primary legal issue was whether the enterprise agreement complied with section 232 of the Fair Work Act, which sets out the conditions for the approval of an enterprise agreement. Specifically, the court had to assess whether the agreement contained the necessary procedural fairness provisions, such as those relating to the bargaining process and the rights of employees to be consulted and informed. The court also considered whether the agreement was made in good faith and whether it included the necessary minimum terms and conditions as outlined in the Act.

The court examined the details of the agreement, including the bargaining process and the terms and conditions. The CFMEU argued that the agreement had been made in good faith and that it complied with the statutory requirements. The court found that the agreement did indeed meet the criteria for approval under the Fair Work Act. The court was satisfied that the agreement contained the necessary procedural fairness provisions, and that the bargaining process had been conducted in good faith.

The court approved the enterprise agreement, finding that it complied with the statutory requirements for approval. The agreement was therefore eligible for registration with the Fair Work Commission. The court's decision confirmed that the agreement was valid and could be used as a basis for regulating the employment conditions of the employees covered by the agreement.

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