Construction, Forestry, Mining and Energy Union

[2013] FWCA 3625

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6780)

MARBLE POLISHING SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JUNE 2013

Application for approval of the Marble Polishing Services 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 Marble Polishing Services 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 13 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 case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Marble Polishing Services Pty Ltd, and pertains to the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The central legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for "better off overall" and "no disadvantaged" as outlined in the legislation. The CFMEU argued that the agreement was fair and improved the conditions for workers, while Marble Polishing Services Pty Ltd contended that certain provisions were overly burdensome and would negatively impact their business.

In delivering its decision, the Fair Work Commission considered the evidence presented by both parties and the broader implications of the agreement for the industry. The Commission found that the agreement was fair and met the statutory criteria, as it provided for improved conditions and did not disadvantage the employer to an unjust extent. The Commission emphasised the importance of balancing the rights of employees with the need for businesses to remain competitive.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This decision affirms the agreement as a fair and compliant arrangement under the Fair Work Act 2009. The approval signifies the Commission's recognition of the benefits the agreement provides to workers while also considering the legitimate interests of the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established