Construction, Forestry, Mining and Energy Union

[2013] FWCA 3703

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6842)

DAEKIN GROUP PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 11 JUNE 2013

Application for approval of the Daekin Group Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Daekin Group Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 (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 18 June 2012. The nominal expiry date of the Agreement is 31 March 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Daekin Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Shop Fitting Manufacturing Enterprise Agreement 2011-2014. The primary dispute centred around the terms of the agreement and whether it met the statutory requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the processes outlined in the Act for the approval of enterprise agreements.

The key legal issues the Commission had to address were whether the agreement was a "genuine" enterprise agreement, whether it had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether it provided for fair and reasonable terms and conditions of employment. This involved assessing the process by which the agreement was negotiated, the content of the agreement itself, and the extent to which the agreement met the standards for fairness and reasonableness under the Act.

The Commission found that the agreement was genuinely made by the parties and that it adhered to the procedural requirements of the Fair Work Act. The Commission also determined that the agreement contained terms and conditions that were fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the broader economic context. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that the process by which it was made was in accordance with the Act. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission's approval of the Daekin Group Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 was formally recorded, bringing the application to a close. The agreement was to be registered and would have legal effect as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established