Construction, Forestry, Mining and Energy Union

[2013] FWCA 2945

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6340)

WESTERN PAINTING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Western Painting Pty Ltd 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 Western Painting Pty Ltd 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 20 May 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Western Painting Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Western Painting, sought to have the enterprise agreement approved under the Fair Work Act 2009. The respondent, the CFMEU, contested the application on the basis that certain provisions of the agreement were not fair and reasonable. The case was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the provisions of the enterprise agreement were fair and reasonable, as required by section 233 of the Fair Work Act. This required an examination of the terms and conditions set out in the agreement, and whether they met the criteria for being fair and reasonable. The Commission had to consider the balance of interests between the employer and the employees, and whether the agreement promoted harmonious, productive and equitable workplace relations. The Commission also had to consider whether the agreement provided for a safety net of minimum entitlements for employees, and whether it was consistent with the objects of the Fair Work Act.

After hearing submissions from both parties, the Commission found that the enterprise agreement was fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, and that it was consistent with the objects of the Fair Work Act. The Commission also found that the agreement provided for a safety net of minimum entitlements for employees, and that it promoted harmonious, productive and equitable workplace relations. The Commission approved the enterprise agreement, and it came into effect on 1 July 2011.

The Fair Work Commission approved the Western Painting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding that it was fair and reasonable. The agreement provides for a comprehensive set of terms and conditions, and it promotes harmonious, productive and equitable workplace relations. The agreement also provides for a safety net of minimum entitlements for employees, and it is consistent with the objects of the Fair Work Act. The agreement came into effect on 1 July 2011.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established