Construction, Forestry, Mining and Energy Union

[2013] FWCA 4996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7593)

NATIONAL ALLIANCE FLOORING UNIT TRUST T/AS NATIONAL ALLIANCE FLOORING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 24 JULY 2013

Application for approval of the National Alliance Flooring Unit Trust T/As National Alliance Flooring 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 National Alliance Flooring Unit Trust T/As National Alliance Flooring 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 31 July 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

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application seeking approval of the National Alliance Flooring Unit Trust trading as National Alliance Flooring Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The CFMEU sought a Fair Work Commission (FWC) decision approving the agreement as a modern award to ensure better outcomes for workers in the industry. The legal issues before the court involved assessing whether the agreement met the requirements of the Fair Work Act 2009 for it to be approved as a modern award. Specifically, the court had to determine if the agreement was genuinely bargained, free from coercion, and beneficial to the employees it covered.

The FWC examined the evidence provided by the CFMEU and the employer, considering the bargaining process and the contents of the agreement. The court found that the agreement was the result of genuine bargaining and was not coerced, as both parties had demonstrated a willingness to negotiate and compromise. The court also concluded that the agreement provided improved terms and conditions for the employees, including better pay and working conditions, compared to the existing modern award. The FWC approved the agreement as a modern award, acknowledging that it would lead to better outcomes for the workers in the industry.

The court's decision was based on the evidence presented by both parties and the overall benefits the agreement provided to the employees. The court was satisfied that the agreement met the criteria for approval as a modern award and granted the application. The final orders included approving the agreement as a modern award, which would apply to the employees covered by the agreement and replace the existing modern award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established