Construction, Forestry, Mining and Energy Union

[2013] FWCA 5511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2207)

ANDREW HELSTRUP T/A A & S FLOORING AND CFMEU- FFPD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 8 AUGUST 2013

Application for approval of the Andrew Helstrup t/a A & S Flooring and CFMEU- FFPD Enterprise Agreement.

[1] An application has been made for approval of a single-enterprise agreement known as the Andrew Helstrup t/a A & S Flooring and CFMEU- FFPD Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the CFMEU.

[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 CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 14 August 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and a flooring contractor, Andrew Helstrup trading as A & S Flooring, sought approval of their enterprise agreement from the Fair Work Commission (FWC). The dispute centred on the terms and conditions outlined in the proposed agreement, specifically those concerning wages, hours of work, and other employment conditions. The FWC was the court tasked with reviewing and approving the agreement in accordance with the Fair Work Act 2009.

The primary legal issue before the FWC was whether the terms of the proposed enterprise agreement met the requirements of the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, taking into account the need to ensure a balance between the interests of employees and employers. The FWC also needed to determine if the agreement was made in good faith and without coercion, and if it complied with the relevant provisions of the Act.

In delivering its decision, the FWC found that the proposed enterprise agreement contained terms and conditions that were fair and reasonable. The FWC considered the overall context of the agreement, including the bargaining positions of the parties and the nature of the industry. The FWC was satisfied that the agreement was made in good faith and without coercion, and that it complied with the requirements of the Fair Work Act. Consequently, the FWC approved the Andrew Helstrup t/a A & S Flooring and CFMEU-FFPD Enterprise Agreement.

The Fair Work Commission approved the enterprise agreement, recognising that it met the statutory requirements for fairness and reasonableness. The decision underscores the importance of balancing the interests of both employers and employees in the process of negotiating and finalising enterprise agreements. The approval of the agreement facilitates the establishment of clear and fair terms and conditions of employment 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