Construction, Forestry, Mining and Energy Union

[2013] FWCA 4300

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7210)

PASQUALINO CARDAMONE FAMILY (THE TRUSTEE FOR) T/AS GREENSBOROUGH SUSPENDED CEILINGS & SUPPLIES P/L AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2013

Application for approval of the Pasqualino Cardamone Family (The Trustee for) T/As Greensborough Suspended Ceilings & Supplies P/L and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Pasqualino Cardamone Family (The Trustee for) T/As Greensborough Suspended Ceilings & Supplies P/L and the CFMEU Plastering 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 9 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union for the approval of the CFMEU Plastering Industry Enterprise Agreement 2011-2015, which was to be administered by the Pasqualino Cardamone Family, trading as Greensborough Suspended Ceilings & Supplies P/L. The dispute centred on the union's request for the agreement to be registered and enforced as a protected action agreement, which would afford it a measure of immunity from legal challenges on certain grounds. The union argued that the agreement was necessary to address precarious employment practices and ensure fair treatment of workers in the plastering industry.

The central legal issues the Commission was required to determine were whether the agreement contained terms that could be considered to be "protected action" under the Fair Work Act 2009, and if so, whether the terms met the statutory criteria for approval. The Commission needed to assess whether the agreement's provisions were genuinely aimed at improving working conditions and were not overly punitive or detrimental to the interests of employers or the broader economy. Additionally, the Commission had to consider whether the agreement provided for proper dispute resolution mechanisms and did not unfairly disadvantage any party.

In reaching its decision, the Commission examined the terms of the agreement and the evidence presented by the union and other stakeholders. It found that the agreement contained provisions that met the definition of protected action, as they were designed to address specific issues in the industry, such as ensuring compliance with award wages and conditions, and providing for appropriate training and skill development. The Commission was satisfied that the agreement was necessary to protect the rights of workers and to promote fair and productive workplace relations. Consequently, the Commission approved the agreement, determining that it met the statutory requirements for protected action status and was in the public interest.

The final orders of the Commission were that the CFMEU Plastering Industry Enterprise Agreement 2011-2015 be approved and registered as a protected action agreement. This decision allowed the agreement to be enforced and provided the union and employers with a measure of legal protection against certain types of legal challenges. The approval was subject to the agreement being amended to address any issues identified during its operation, ensuring that it continued to serve the interests of both workers and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established