Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5259

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7774)

TOP FORM STONE ART DIVISION PTY LTD T/AS TOPFORM AUSTRALIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	ADELAIDE, 1 AUGUST 2013

Application for approval of the Top Form Stone Art Division Pty Ltd T/As Topform Australia 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 Top Form Stone Art Division Pty Ltd T/As Topform Australia 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 8 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for approval of the agreement between the Top Form Stone Art Division Pty Ltd trading as Topform Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute pertained to whether the terms and conditions outlined in the Building and Construction Industry Enterprise Agreement 2011-2015 were fair and appropriate for the employees within the industry. The case was heard in the Fair Work Commission, which has jurisdiction over such industrial disputes in Australia.

The legal issues before the Commission included the interpretation of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements. The central question was whether the proposed agreement met the criteria for 'simplification, clarity and accessibility' and whether it provided a safety net for employees. The Commission had to determine if the agreement's terms were fair and beneficial to both the employer and the employees, considering the industrial context and the balance of power between the parties.

The Full Bench found that the agreement was largely compliant with the requirements of the Fair Work Act. The Commission noted the efforts made by the parties to simplify and clarify the terms, and recognised the provisions that aimed to ensure fair treatment of employees. The Court emphasised the importance of the agreement in providing a comprehensive safety net, particularly for those employees who might otherwise be disadvantaged. Ultimately, the Commission approved the agreement, acknowledging its benefits while also making minor adjustments to ensure full compliance with the legislative standards.

The Fair Work Commission approved the Building and Construction Industry Enterprise Agreement 2011-2015, subject to the minor adjustments made by the Court to ensure compliance with the Fair Work Act. The decision recognised the balanced approach taken by the parties in negotiating the agreement and its potential to provide fair and just outcomes for employees in the industry.

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