Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3382

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6581)

EZIBUILT SHOPFITTING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Ezibuilt Shopfitting 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 Ezibuilt Shopfitting 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 5 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case, the Construction, Forestry, Mining and Energy Union applied for approval of the Ezibuilt Shopfitting and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the interests of the employees. The dispute centred around the terms and conditions set out in the agreement and whether they complied with the relevant legislation.

The legal issues before the Commission included whether the agreement was made in good faith, if it contained the necessary minimum terms, and whether it met the criteria for approval under the Fair Work Act. Additionally, the Commission had to consider whether the agreement was likely to result in improved terms and conditions for the employees and if it provided adequate protections against unfair dismissal.

The Commission found that the agreement was made in good faith and contained the necessary minimum terms. It was also satisfied that the agreement was likely to result in improved terms and conditions for the employees and provided adequate protections against unfair dismissal. Consequently, the Commission approved the Ezibuilt Shopfitting and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The decision was based on the evidence presented and the Commission's understanding of the relevant legislation and the interests of the 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