Construction, Forestry, Mining and Energy Union

[2013] FWCA 4827

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7322)

GEELONG AREA REFINERY PAINTING AGREEMENT [2013]

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 JULY 2013

Application for approval of the Geelong Area Refinery Painting Agreement [2013].

[1] An application has been made for approval of an enterprise agreement known as the Geelong Area Refinery Painting Agreement [2013] (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 26 July 2013. The nominal expiry date of the Agreement is 1 July 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Mining and Energy Union, the applicant sought approval for the Geelong Area Refinery Painting Agreement. The application was lodged with the Fair Work Commission. The dispute centred around the procedural fairness and compliance of the agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the application for approval was properly made and whether the agreement met the necessary criteria under the Act.

The primary legal issues revolved around the procedural aspects of the application, specifically whether the application was lodged within the required timeframe and if the necessary parties were properly notified. Additionally, the court had to assess whether the agreement adhered to the provisions of the Act, particularly in terms of its fairness and its alignment with the overarching principles of the Fair Work Act. The court needed to determine if the agreement was made in good faith and if it provided adequate protections and benefits to the employees.

The Fair Work Commission concluded that the application was indeed made within the required timeframe and that the necessary parties had been appropriately notified. The Commission found that the agreement was made in good faith and aligned with the principles of the Fair Work Act. It was determined that the agreement provided fair terms and benefits to the employees, thus meeting the criteria for approval under the Act. Consequently, the Commission approved the Geelong Area Refinery Painting Agreement.

The Commission ordered that the Geelong Area Refinery Painting Agreement be approved and registered, effective from the date of the decision. This ruling ensures that the agreement will now be legally binding on the parties involved, providing a clear framework for the terms and conditions of employment in the specified area.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established