Construction, Forestry, Mining and Energy Union

[2013] FWCA 2216

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5950)

KINGSTON CONSTRUCTIONS AUSTRALIA PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Kingston Constructions Australia 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 Kingston Constructions Australia 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 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 involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Kingston Constructions Australia Pty Ltd. The dispute centred on the application for approval of the Kingston Constructions Australia Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. This matter was heard in the Fair Work Commission. The primary legal issues that the Commission was required to decide were whether the agreement met the procedural and substantive requirements under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was genuinely negotiated, if it complied with the good faith bargaining obligations, and if it contained all the mandated terms and conditions.

The Fair Work Commission found that the agreement was genuinely negotiated and met all the procedural requirements set out in the Act. The Commission also determined that the agreement was made in good faith, as there was evidence of genuine negotiations between the parties. Furthermore, the Commission held that the agreement contained all the mandated terms and conditions, including those relating to wages, hours of work, and other employment-related matters. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Kingston Constructions Australia Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015, recognising its compliance with the procedural and substantive requirements under the Fair Work Act 2009. The Commission's decision provided certainty for both parties and ensured that the agreement would govern the employment relationship between Kingston Constructions Australia Pty Ltd and the CFMEU for the duration of the agreement.

CaseChat Overview and Summary

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Background to the litigation

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