Construction, Forestry, Mining and Energy Union

[2013] FWCA 2226

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5966)

A KILLINGSWORTH FAMILY TRUST (THE TRUSTEE FOR) T/AS MELBOURNE DESIGNER FLOORS 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 A Killingsworth Family Trust (The Trustee for) T/As Melbourne Designer Floors 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 A Killingsworth Family Trust (The Trustee for) T/As Melbourne Designer Floors 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 case before the Fair Work Commission involved an application by the A Killingsworth Family Trust (trading as Melbourne Designer Floors Pty Ltd) and the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a new enterprise agreement. The dispute centred on the terms and conditions outlined in the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues for the Commission to address were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the 'better off overall test', which ensures that employees are not worse off under the new agreement compared to their previous terms. Additionally, the Commission had to consider whether the agreement was free from any unlawful provisions, and if it adhered to the procedural requirements for approval.

The Fair Work Commission found that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 met all the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and that it complied with the 'better off overall test'. The Commission also determined that the agreement was free from any unlawful provisions and adhered to the procedural requirements for approval. Consequently, the application for approval was granted.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Commission and would apply to the employees of Melbourne Designer Floors Pty Ltd. This decision provided certainty for both the employer and the employees regarding their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established