Construction, Forestry, Mining and Energy Union

[2013] FWCA 2222

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5959)

SONIAN NOMINEES PTY LTD T/AS ALL CAULK 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 Sonian Nominees Pty Ltd T/As All Caulk 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 Sonian Nominees Pty Ltd T/As All Caulk 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 an application for the approval of the Sonian Nominees Pty Ltd, trading as All Caulk, and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the terms and conditions of the enterprise agreement, specifically whether they met the criteria for approval under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement provided for fair and reasonable terms and conditions, if it was free from any coercion or unfair bargaining, and whether it complied with the procedural requirements set forth in the Act. The court had to carefully consider the provisions of the agreement, the bargaining process, and any relevant evidence presented by the parties.

In its reasoning, the court found that the agreement contained provisions that were fair and reasonable for the employees and did not involve any coercion or unfair bargaining. The court also noted that the agreement was made in accordance with the procedural requirements of the Act, including the provision of relevant documents and information to the employees. Based on these findings, the court approved the enterprise agreement.

The final orders of the court included the approval of the enterprise agreement between Sonian Nominees Pty Ltd and the Construction, Forestry, Mining and Energy Union, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established