Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3539

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6719)

SKILL FILL CAULKERS 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 Skill Fill Caulkers 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 Skill Fill Caulkers 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 matter before the court involved an application for the approval of the Skill Fill Caulkers Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. This application was brought before the Fair Work Commission, which is tasked with the regulation and oversight of workplace relations in Australia. The primary dispute centred around whether the enterprise agreement in question met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act, and whether it complied with the substantive provisions of the Act. Specifically, the Commission had to determine if the agreement was free from any illegal content, if it provided for the fair treatment of employees, and if it adhered to the standards of good faith bargaining. Additionally, the Commission examined whether the agreement satisfied the requirements for "unregistered" enterprise agreements, given that the union was not registered at the time the agreement was made.

In reaching its decision, the Commission considered various factors including the process by which the agreement was negotiated, the content of the agreement itself, and the extent to which it met the statutory requirements for fairness and good faith. The Commission found that the agreement had been made in good faith, and it contained provisions that were fair and reasonable. It also concluded that the agreement complied with the necessary procedural and substantive requirements of the Fair Work Act. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission's decision concluded that the Skill Fill Caulkers Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 met all the necessary legal criteria for approval. The agreement was deemed compliant with the Fair Work Act, and as such, the Commission approved it. This decision allowed the agreement to be registered and enforceable, providing clarity and certainty for the parties involved in the workplace.

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