Construction, Forestry, Mining and Energy Union

[2013] FWCA 2509

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6088)

MP INTERIOR LININGS PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 APRIL 2013

Application for approval of the MP Interior Linings Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the MP Interior Linings Pty Ltd and the CFMEU Plastering 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

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the MP Interior Linings Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015 in the Fair Work Commission. The dispute centred on the procedural fairness of the Commission's consideration of the agreement, with the CFMEU arguing that the Commission had failed to properly consider certain submissions and evidence provided by the union. The legal issues before the court were whether the Commission had failed to provide the CFMEU with a fair opportunity to respond to submissions made by other parties, and whether the Commission had failed to properly consider evidence provided by the union.

The court found that the Commission had not failed to provide the CFMEU with a fair opportunity to respond to submissions made by other parties, as the union had been given an opportunity to respond to those submissions and had in fact responded. The court also found that the Commission had properly considered the evidence provided by the union, despite some concerns raised by the union about the weight given to certain evidence. The court held that the Commission's consideration of the agreement had been procedurally fair and that the application for approval of the enterprise agreement should be granted.

As a result of the court's decision, the Fair Work Commission was directed to approve the MP Interior Linings Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The CFMEU was also awarded costs of the application. The decision provides guidance on the procedural fairness requirements that must be met in enterprise agreement approval proceedings before the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established