Construction, Forestry, Mining and Energy Union

[2013] FWCA 5633

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/8046)

CENTRAL FLOORS PTY LTD 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 Central Floors Pty Ltd 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 Central Floors Pty Ltd 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

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, an application was brought before the Fair Work Commission for the approval of the Central Floors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement sought to regulate the terms and conditions of employment for workers within the building and construction industry. The dispute centred on whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009, particularly with respect to the procedural fairness and the provisions concerning pay rates and conditions.

The central legal issues before the Commission involved whether the agreement had been genuinely negotiated, if it adhered to the good faith bargaining requirement, and if the process of consultation and negotiation had been fair. Additionally, the court examined whether the pay rates and conditions outlined in the agreement were reasonable and appropriate for the industry and workforce involved.

The Commission found that the agreement had been genuinely negotiated and that the process of consultation and negotiation was fair. It was determined that the parties had engaged in good faith bargaining and that the agreement was not contrary to public policy. The Commission also ruled that the pay rates and conditions were fair and reasonable, considering the industry standards and the specific circumstances of the workforce. The application for approval was ultimately granted, and the agreement was approved as compliant with the statutory requirements.

The Commission's decision resulted in the formal approval of the Central Floors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, setting the terms and conditions of employment for the relevant workers within the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established