Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2221

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5958)

SOUTH BARWON COMMERCIAL SERVICES PTY LTD T/AS DISCOUNT FENCING 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 South Barwon Commercial Services Pty Ltd T/As Discount Fencing 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 South Barwon Commercial Services Pty Ltd T/As Discount Fencing 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 case before the Fair Work Commission involved a dispute between the Construction, Forestry, Mining and Energy Union (CFMEU) and South Barwon Commercial Services Pty Ltd, trading as Discount Fencing. The CFMEU sought approval for the proposed South Barwon Commercial Services Pty Ltd T/As Discount Fencing and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The primary issue for the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission encompassed several key aspects. Primarily, the Commission had to determine if the agreement was made in good faith, whether it adhered to the provisions outlined in the Fair Work Act, and if it contained the necessary minimum terms and conditions as stipulated by the law. The Commission also needed to ensure that the agreement was free from any discriminatory provisions and that it had been properly negotiated.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the enterprise agreement was made in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act. The Commission found that the agreement was not discriminatory and had been properly negotiated. Based on these findings, the Commission approved the enterprise agreement. Consequently, the agreement was registered and came into effect from the date of the Commission's decision.

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