Construction, Forestry, Mining and Energy Union

[2013] FWCA 5489

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7864)

MJ COATINGS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the MJ Coatings 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 MJ Coatings 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 16 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

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) and MJ Coatings Pty Ltd were involved in a dispute concerning the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was brought before the Fair Work Commission, an Australian independent statutory tribunal with the jurisdiction to make binding decisions on workplace relations and employment issues.

The primary legal issue the court had to address was whether the enterprise agreement between the CFMEU and MJ Coatings complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the procedural requirements for approval, including whether it was free from any improper conduct, and if the agreement was in the best interests of the employees.

The Fair Work Commission examined the application for approval of the enterprise agreement, considering various factors such as the bargaining process, the content of the agreement, and the interests of the employees. The court found that the agreement was properly made, free from any procedural defects or improper conduct, and that it was in the best interests of the employees. As a result, the Commission approved the enterprise agreement between the CFMEU and MJ Coatings.

The final orders of the Fair Work Commission were that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered, effective from the date of the decision. This decision set a precedent for similar agreements and provided clarity on the procedural requirements for the approval of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established