Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3552

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6728)

LAKEVIEW CARPENTRY PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 JUNE 2013

Application for approval of the Lakeview Carpentry 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 Lakeview Carpentry 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 12 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 (CFMEU) filed an application for approval of the Lakeview Carpentry Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 before the Fair Work Commission. The CFMEU sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. Lakeview Carpentry Pty Ltd did not oppose the application but raised concerns about the agreement's impact on its business operations. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for registration.

The central legal issue was whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009, specifically section 230, which governs the registration of enterprise agreements. The Commission needed to assess if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it adhered to the procedural requirements set forth in the Act. The CFMEU argued that the agreement was a genuine attempt to reach a consensus between the employer and employees, while Lakeview Carpentry Pty Ltd contended that the agreement imposed undue restrictions on its business.

The Fair Work Commission concluded that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission found that the agreement was not overly restrictive and was a fair reflection of the bargaining positions of both parties. The procedural requirements were also met, with the agreement being properly certified by the Australian Building and Construction Commission. Therefore, the Commission approved the agreement for registration under the Fair Work Act 2009.

As a result of the Commission's decision, the Lakeview Carpentry Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered as a valid enterprise agreement. This registration ensures that the terms and conditions of the agreement are legally enforceable, providing a framework for the employment relationship between Lakeview Carpentry Pty Ltd and its employees.

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