Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2951

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6349)

AGI & STAFF PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 MAY 2013

Application for approval of the AGI & Staff Pty Ltd 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 AGI & Staff Pty Ltd 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 20 May 2013. The nominal expiry date of the Agreement is 31 March 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the AGI & Staff Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014. The applicant, AGI & Staff Pty Ltd, sought approval of the agreement which had been entered into with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the fairness and appropriateness of the terms and conditions outlined within the agreement for the employees within the shop fitting manufacturing industry.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, specifically sections 232 and 233 which mandate that enterprise agreements must not have terms that are less favourable than the relevant awards or safety nets and must be free from prohibited content. The Commission also needed to determine if the agreement was genuinely negotiated and whether it complied with the procedural requirements for approval.

The Commission found that the agreement was fairly and genuinely negotiated, and it did not contain any prohibited content. The agreement was also in line with the statutory safety net and did not include terms that were less favourable than the relevant awards. After thorough examination, the Commission approved the agreement, finding it to meet all necessary legal standards and to be fair and appropriate for the employees covered by it.

Consequently, the Fair Work Commission approved the AGI & Staff Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014. This decision sets a precedent for similar agreements within the industry, affirming that the agreement in question was appropriately negotiated and met all legal requirements for approval.

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