Construction, Forestry, Mining and Energy Union

[2013] FWCA 3567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6680)

BUILDUP INTERIOR PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 4 JUNE 2013

Application for approval of the Buildup Interior Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Buildup Interior Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016 (the Agreement).

[2] The Agreement was made by the employer, Buildup Interior Pty Ltd, and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application seeking approval of the Buildup Interior Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016. The agreement in question pertained to industrial relations terms between the union and the employer within the specified timeframe. The case was heard by the Fair Work Commission, which was the appropriate body to consider such applications under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval as stipulated in the Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, complied with the provisions of the Act, and did not contain any terms that were contrary to public policy or the spirit of the Act. The CFMEU argued that the agreement was fair and reasonable, while Buildup Interior Pty Ltd expressed concerns about certain clauses that they believed were overly restrictive.

After reviewing the submissions from both parties and considering the relevant legislative framework, the Commission found that the agreement generally met the statutory requirements. The Commission took into account the need to balance the interests of both employers and employees while ensuring compliance with the Act. The Commission made some modifications to certain clauses to address Buildup Interior Pty Ltd's concerns, ensuring that the agreement was fair and reasonable for all parties involved.

The Fair Work Commission approved the Buildup Interior Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016 with modifications. The Commission's decision reflected its role in overseeing industrial agreements to ensure they align with the principles of the Fair Work Act and serve the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established