Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2504

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6082)

SNP 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, 24 APRIL 2013

Application for approval of the SNP 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 SNP 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 1 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a proposed enterprise agreement. The application for approval concerned the SNP Painting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The primary issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it contained appropriate terms and conditions, and if it adhered to the procedural requirements set out in the Act.

The Commission examined the bargaining process and the content of the agreement to ascertain if it had been made in good faith. The Commission also evaluated whether the agreement contained terms and conditions that were fair and reasonable, considering the economic and social context. Furthermore, the Commission reviewed the procedural steps taken to ensure compliance with the Act. The Union argued that the agreement was made in good faith and contained fair terms, while SNP Painting Pty Ltd contended that the agreement did not meet the statutory requirements.

After reviewing the evidence and submissions, the Commission found that the agreement had been made in good faith and contained fair and reasonable terms. The Commission also determined that the procedural requirements had been satisfied. Consequently, the Commission approved the proposed enterprise agreement. The decision underscored the importance of fair and transparent bargaining processes and the need for agreements to reflect fair and reasonable terms and conditions.

The Commission ordered that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 for SNP Painting Pty Ltd be approved and registered. The approval was subject to the agreement meeting the conditions set out in the order, including the requirement for the parties to notify the Commission of any changes to the agreement. The decision provided clarity for both the Union and the employer regarding the terms of the enterprise agreement and ensured compliance with the Fair Work Act 2009.

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