Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3978

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7011)

BERWICK PAINTING & DECORATING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JUNE 2013

Application for approval of the Berwick Painting & Decorating 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 Berwick Painting & Decorating 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 28 June 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 Construction, Forestry, Mining and Energy Union sought approval of the Berwick Painting & Decorating Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, before the Fair Work Commission. The dispute arose from the process of approving the enterprise agreement, with the union seeking to validate the agreement as per the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 230 of the Fair Work Act. This required an examination of the procedural fairness of the agreement-making process, as well as the substantive terms of the agreement itself. The Commission had to determine whether the agreement was made in accordance with the procedures set out in the Act, and whether it contained terms that were contrary to public policy or that failed to meet the provisions of the Act.

The Commission found that the agreement-making process had been conducted fairly and in accordance with the requirements of the Act. The Commission also determined that the substantive terms of the agreement did not contravene any provisions of the Act or public policy. The union had provided evidence to support the claims that the agreement was beneficial to the employees, and the Commission was satisfied that the agreement was in the best interests of the employees. The Commission approved the agreement, finding that it met the criteria for approval under section 230 of the Fair Work Act.

The Fair Work Commission approved the Berwick Painting & Decorating Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding that it met the criteria for approval under the Fair Work Act. The Commission found that the agreement-making process was conducted fairly and in accordance with the requirements of the Act, and that the substantive terms of the agreement were not contrary to public policy or the provisions of the Act. The Commission approved the agreement, and it will now be registered and enforceable as a binding enterprise agreement.

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