Construction, Forestry, Mining and Energy Union

[2013] FWCA 2214

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5943)

MELBOURNE FIRE DOORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 APRIL 2013

Application for approval of the Melbourne Fire Doors 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 Melbourne Fire Doors 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 19 April 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) filed an application with the Fair Work Commission, seeking approval of the Melbourne Fire Doors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute involved the terms and conditions of employment within the building and construction industry, specifically focusing on the agreement reached between the CFMEU and Melbourne Fire Doors Pty Ltd. The Commission was tasked with assessing whether the agreement met the necessary legal criteria for approval.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, including whether it contained the required minimum terms and conditions, and if it was free from any unfair content. The Commission needed to determine if the agreement was a "genuine" enterprise agreement under the Act and whether it was made in good faith and without coercion. Additionally, the Commission examined whether the agreement provided for proper dispute resolution mechanisms and whether it aligned with the public interest.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission determined that the agreement contained all the necessary minimum terms and conditions, was free from unfair content, and was made in good faith. The Commission also found that the agreement included appropriate dispute resolution mechanisms and aligned with the public interest. Consequently, the Commission approved the Melbourne Fire Doors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. The decision underscored the importance of adhering to the legal framework governing enterprise agreements in the building and construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established