Construction, Forestry, Mining and Energy Union

[2013] FWCA 4139

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6992)

F BARBARO & T CATANZARITI T/AS PIAZZA PAVING 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 F Barbaro & T Catanzariti T/As Piazza Paving 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 F Barbaro & T Catanzariti T/As Piazza Paving 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 Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the F Barbaro & T Catanzariti T/As Piazza Paving Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the validity and enforceability of certain clauses within the enterprise agreement, particularly those relating to the terms of employment and dispute resolution mechanisms.

The central legal issues that the Commission needed to address included whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009, and whether the terms and conditions proposed within the agreement were fair and reasonable. The Commission also had to determine if the agreement met the criteria for "single-touch" approval, which allows for expedited processing of agreements that satisfy certain conditions.

In its decision, the Commission examined the specific clauses of the enterprise agreement and assessed them against the statutory framework. The Commission found that the agreement generally complied with the Fair Work Act, noting that the terms and conditions were not overly burdensome or unfair. The Commission also concluded that the agreement met the criteria for "single-touch" approval, as it included necessary dispute resolution provisions and did not contain any provisions that would prevent it from being fairly applied and enforced. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as of the specified date.

The final orders of the Commission included the approval of the enterprise agreement, with specific provisions outlined to ensure its compliance with the Fair Work Act and the requirements for "single-touch" approval. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions between the parties for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established