Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4217

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7180)

SKYLINE WINDOWS (AUST) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 JUNE 2013

Application for approval of the Skyline Windows (Aust) 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 Skyline Windows (Aust) 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 5 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 court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Skyline Windows (Aust) Pty Ltd, with the dispute centering on the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission, an Australian independent statutory tribunal with jurisdiction over workplace relations and employment issues. The CFMEU sought approval for the enterprise agreement which outlined terms and conditions of employment for workers in the building and construction industry.

The legal issues that the Fair Work Commission was required to decide included whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work Act 2009. The Commission also had to consider whether the agreement was genuinely negotiated and if it met the criteria for approval under the Act. The CFMEU argued that the agreement was a fair and reasonable one, while the employer, Skyline Windows, raised concerns about certain provisions that they believed were overly prescriptive and potentially detrimental to their business operations.

In its decision, the Fair Work Commission carefully examined the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated between the parties and met the statutory requirements for approval. The Commission determined that the CFMEU had acted in good faith and that the agreement was fair and reasonable. The employer's concerns were addressed, and the Commission concluded that the benefits of the agreement to the employees outweighed any potential detriments to the employer. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission's final orders included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with the effective date of the agreement set as the date of the Commission's decision. This decision provided clarity on the terms and conditions of employment for workers in the building and construction industry, ensuring that the agreement was legally binding and enforceable.

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