Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3381

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6580)

EZIBUILT SHOPFITTING AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 MAY 2013

Application for approval of the Ezibuilt Shopfitting and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Ezibuilt Shopfitting and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 (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 5 June 2013. The nominal expiry date of the Agreement is 31 March 2014.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Ezibuilt Shopfitting, a party to the proposed Enterprise Agreement. The dispute centred around the application for the approval of the Ezibuilt Shopfitting and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014. The case was heard in the Fair Work Commission, an Australian statutory body responsible for the resolution of workplace disputes and the regulation of workplace relations.

The legal issues before the Commission included the determination of whether the proposed agreement met the requirements of the Fair Work Act 2009 and if the agreement was made in good faith and without coercion. The Commission needed to assess whether the process of agreement making complied with the relevant provisions of the Act and if the agreement was fair and reasonable in all its aspects. Additionally, the Commission had to consider the objections raised by Ezibuilt Shopfitting regarding the validity of the agreement.

The Fair Work Commission concluded that the agreement was made in good faith and without coercion. It found that the process of agreement making complied with the requirements of the Act, despite some procedural irregularities. The Commission held that the agreement was fair and reasonable in all its aspects, taking into account the nature of the industry, the bargaining positions of the parties, and the broader economic context. The objections raised by Ezibuilt Shopfitting were dismissed, and the application for approval of the agreement was subsequently granted.

The Fair Work Commission approved the Ezibuilt Shopfitting and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014, effective from 1 April 2011 to 31 March 2014. The decision was based on the findings that the agreement was made in good faith, without coercion, and was fair and reasonable in all its aspects. The approval of the agreement provided certainty and stability to the parties and their employees, ensuring that the terms and conditions of employment were adequately addressed and regulated under the agreement.

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