Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5488

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7782)

Q AND R PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 9 AUGUST 2013

Application for approval of the Q and R Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Q and R Pty Ltd and the CFMEU Plastering 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 16 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Q and R Pty Ltd. The CFMEU sought approval of the Q and R Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically section 230, which sets out the criteria for the approval of enterprise agreements. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions and if it included the essential protections outlined in the Act.

The Commission considered several factors in making its decision. These included the bargaining power of the parties, the nature of the industry, and the fairness of the proposed terms and conditions. The CFMEU argued that the agreement was fair and reasonable, while Q and R Pty Ltd raised concerns about certain provisions. The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the bargaining power of the parties and the need to ensure a sustainable and competitive industry. The Commission also found that the agreement included all the essential protections required by the Act.

In light of its findings, the Commission approved the Q and R Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The decision was made on the basis that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees covered by the agreement. The approval of the agreement was subject to certain conditions, including the requirement for Q and R Pty Ltd to provide the CFMEU with information about the implementation of the agreement and the need for ongoing consultation between the parties.

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