Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4138

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7085)

J & B PLASTER GROUP PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 26 JUNE 2013

Application for approval of the J & B Plaster Group Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the J & B Plaster Group Pty Ltd 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 3 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 the J & B Plaster Group Pty Ltd, with the dispute centred on the approval of the CFMEU Plastering Industry Enterprise Agreement for the period 2011-2015. The application for approval was brought before the Fair Work Commission (FWC). The crux of the legal issues before the court was to determine whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically addressing the requirements for the registration of such agreements. The court had to examine whether the agreement met the statutory criteria, including the necessity for the agreement to provide for a genuine enterprise bargaining and to adhere to the procedural fairness standards.

The FWC commenced by considering the statutory framework governing the approval of enterprise agreements. The court noted that for an agreement to be approved, it must be a genuine enterprise agreement and must comply with the procedural fairness standards as outlined in the Fair Work Act. The court found that the agreement in question had been negotiated in good faith and was genuinely intended to regulate the terms and conditions of employment. The court was satisfied that the procedural fairness requirements were met, as evidenced by the negotiation process and the documentation provided. Furthermore, the agreement was deemed to be comprehensive in its coverage and provided for the essential terms and conditions of employment for the relevant workforce.

In reaching its decision, the FWC took into account the evidence presented by both parties, the nature of the negotiation process, and the compliance of the agreement with the statutory requirements. The court was satisfied that the agreement was a genuine enterprise agreement and met all the necessary criteria for approval under the Fair Work Act. Consequently, the FWC approved the application for the registration of the J & B Plaster Group Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The court's decision was grounded in the statutory provisions and the evidence presented, ensuring that the agreement was fair and comprehensive in its coverage of the relevant workforce.

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