Construction, Forestry, Mining and Energy Union

[2013] FWCA 2689

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6192)

GAZIBEGOVIC FAMILY TRUST T/AS MEDITERRANEAN DECORATORS & PAINTERS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 3 MAY 2013

Application for approval of the Gazibegovic Family Trust T/As Mediterranean Decorators & Painters 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 Gazibegovic Family Trust T/As Mediterranean Decorators & Painters 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 type.

[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 10 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and the Gazibegovic Family Trust T/As Mediterranean Decorators & Painters. The dispute centred on the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This case was heard by the Fair Work Commission (FWC).

The legal issues the court was required to decide involved whether the agreement was in the best interests of the employees, if it complied with the relevant legislative requirements, and if it met the necessary standards for good faith bargaining. A critical aspect of the decision was determining if the agreement's provisions were fair and reasonable, and if the parties had genuinely attempted to reach an agreement through bargaining.

The FWC considered the arguments presented by both parties, including the CFMEU's assertion that the agreement was necessary to address issues of exploitation and underpayment in the industry, and the Gazibegovic Family Trust's concerns about the potential impact on their business. The FWC ultimately decided that the agreement was in the best interests of the employees and that it complied with the necessary legislative requirements. The court found that the agreement met the standards for good faith bargaining, and that its provisions were fair and reasonable. The FWC approved the application for the agreement to be registered.

As a result, the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was registered, providing the employees with the protections and benefits outlined in the agreement. The Gazibegovic Family Trust T/As Mediterranean Decorators & Painters and other employers in the building and construction industry covered by the agreement were required to comply with its terms. This decision set a precedent for future enterprise agreements in the industry and helped to ensure fair and reasonable working conditions for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established