Construction, Forestry, Mining and Energy Union

[2013] FWCA 4136

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6980)

EUROPEAN WOOD FLOORING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the European Wood Flooring 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 European Wood Flooring 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 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 European Wood Flooring Pty Ltd. The dispute pertained to the approval of the European Wood Flooring Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission, the body responsible for this matter, was asked to determine whether the agreement met the necessary standards under the Fair Work Act 2009. The court had to consider whether the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues before the court were primarily centred on whether the agreement met the minimum standards prescribed by the Fair Work Act 2009 and whether it provided fair and reasonable terms and conditions for the employees. The court had to consider the provisions of the Act and assess whether the agreement complied with the minimum requirements. Furthermore, the court had to determine whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account the balance of rights and obligations, the nature of the industry, and the interests of the parties involved.

The court considered the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009 and examined the agreement in detail. The court found that the agreement met the minimum standards prescribed by the Act and provided fair and reasonable terms and conditions for the employees. The court noted that the agreement included provisions for minimum wages, leave entitlements, and other employment conditions, which were consistent with the minimum standards. The court also considered the nature of the industry and the interests of the parties involved and concluded that the agreement provided a fair and reasonable balance of rights and obligations.

The Fair Work Commission approved the agreement, finding that it met the necessary standards under the Fair Work Act 2009 and provided fair and reasonable terms and conditions for the employees. The court's decision provided certainty and clarity for the parties involved and ensured that the agreement complied with the requirements of the Act. The approval of the agreement facilitated a stable and productive working relationship between the employer and the employees, promoting fairness and equity in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established