[2013] FWCA 4822 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2013/7293)
MCKENNA, GERRY PATRICK T/AS G & B MCKENNA & SONS PAINTING & MAINTENANCE AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 19 JULY 2013 |
Application for approval of the McKenna, Gerry Patrick T/As G & B McKenna & Sons Painting & Maintenance 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 McKenna, Gerry Patrick T/As G & B McKenna & Sons Painting & Maintenance 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 26 July 2013. The nominal expiry date of the Agreement is 31 March 2015.
SENIOR DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Mining and Energy Union [2013] FWCA 4822
- Case
- [2013] FWCA 4822
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CaseChat Overview and Summary
The primary legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and if the exemption for small businesses was applicable to the applicant. The court had to examine the terms of the agreement to ensure they adhered to the legislative criteria for approval, which included provisions on minimum wages and conditions, the scope of the agreement, and the process by which it was negotiated. Additionally, the court needed to determine whether the applicant qualified as a small business under the Fair Work Act, which would exempt them from the agreement’s coverage.
The court found that the enterprise agreement substantially complied with the statutory requirements. It included provisions that met the minimum standards set out in the Fair Work Act and was negotiated in good faith. Regarding the small business exemption, the court concluded that the applicant did not meet the criteria for a small business as defined by the legislation. Consequently, the agreement was approved, and the applicant was not exempted from its provisions. The decision underscored the importance of compliance with statutory criteria for enterprise agreements and the narrow interpretation of the small business exemption.
As a result of the decision, the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and binding on the applicant. McKenna, Gerry Patrick T/As G & B McKenna & Sons Painting & Maintenance was not exempted from the agreement and must adhere to its terms. The ruling reinforced the importance of ensuring enterprise agreements meet legislative standards and clarified the application of the small business exemption.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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