Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5257

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7767)

S EL BITAR & E NASSAR & W NASSAR T/AS AGRADE PAINTING 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 S El Bitar & E Nassar & W Nassar T/As Agrade Painting 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 S El Bitar & E Nassar & W Nassar T/As Agrade Painting 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the S El Bitar & E Nassar & W Nassar trading as Agrade Painting and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The key issues included whether the agreement provided for the fair and efficient determination of terms and conditions of employment and whether it adhered to the statutory requirements concerning minimum entitlements.

The Commission carefully examined the agreement to determine if it complied with the legal standards set forth in the Fair Work Act. It considered the comprehensiveness of the agreement, ensuring it covered all necessary aspects of employment terms and conditions. The court paid particular attention to whether the agreement satisfied the "better-off overall test," meaning that employees should not be worse off under the new agreement compared to their previous conditions. Furthermore, the Commission assessed whether the agreement appropriately balanced the interests of employers and employees, particularly focusing on the provisions related to wages, hours of work, and other employment conditions.

After thorough analysis, the Commission concluded that the agreement met the statutory requirements for approval. It found that the agreement was comprehensive, fair, and balanced, ensuring that employees were not disadvantaged. The Commission approved the enterprise agreement, recognising its compliance with the legislative framework and its potential to facilitate efficient and fair employment practices. This decision affirmed the validity of the agreement, allowing it to be implemented effectively within the relevant 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