Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3443

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1269)

VALUE SHOPFITTING & CABINETMAKING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Value Shopfitting & Cabinetmaking Pty Ltd and CFMEU union collective agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Value Shopfitting & Cabinetmaking Pty Ltd and CFMEU union collective 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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 7 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Value Shopfitting & Cabinetmaking Pty Ltd, sought approval of a collective agreement with the Construction, Forestry, Mining and Energy Union. The application was made to the Fair Work Commission (FWC) under section 235 of the Fair Work Act 2009. The union, represented by the respondent, argued that the agreement contained provisions that were not in the best interests of the employees. The FWC was required to determine whether the agreement met the criteria for approval as a registered agreement, specifically whether it provided for fair and reasonable terms and conditions and was in the best interests of the employees.

The FWC identified several provisions in the agreement that the union considered to be detrimental to the employees. These included provisions that allowed for the use of subcontractors, reduced penalties for breaches of the agreement, and limited the scope of the agreement's application. The FWC considered whether these provisions were in the best interests of the employees, taking into account factors such as the nature of the industry, the bargaining power of the parties, and the overall impact on the employees. The FWC also considered whether the provisions were necessary to facilitate a fair and reasonable agreement between the parties.

After considering the arguments of both parties and the relevant legal framework, the FWC determined that the agreement met the criteria for approval as a registered agreement. The FWC found that, while some provisions may have been detrimental to the employees, they were necessary to facilitate a fair and reasonable agreement between the parties. The FWC also found that the overall impact of the agreement on the employees was positive, as it provided for fair and reasonable terms and conditions and improved the bargaining position of the employees.

The FWC approved the agreement, subject to certain modifications to address the union's concerns. The modifications included clarifying the scope of the agreement's application, increasing penalties for breaches of the agreement, and limiting the use of subcontractors. The FWC noted that the modifications were necessary to ensure that the agreement was in the best interests of the employees and facilitated a fair and reasonable agreement between the parties.

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