Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2120

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5883)

VICTORIAN SIGN SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 APRIL 2013

Application for approval of the Victorian Sign Services 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 Victorian Sign Services 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 16 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Victorian Sign Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The central legal issues revolved around whether the agreement was a genuine enterprise agreement, as defined by the Act, and whether it met the specific criteria for approval, including its fairness and the processes through which it was negotiated.

The Commission examined the negotiation process and the contents of the agreement to determine if it was genuinely negotiated and if it met the necessary standards of fairness. It considered the extent to which the agreement provided for the protection of employees' interests, including terms and conditions of employment, and whether it was free from coercion and undue influence. The Commission also assessed whether the agreement contained all the mandated minimum terms and conditions as per the Fair Work Act.

After a thorough review, the Commission concluded that the agreement was genuinely negotiated and met the statutory criteria for approval. It found that the process adhered to the requirements of the Act, and the terms of the agreement were fair and balanced. Consequently, the application for approval was granted, and the agreement was registered as a lawful enterprise agreement.

The final orders included the registration of the Victorian Sign Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of approval, thereby providing certainty and legal recognition to the terms and conditions outlined in the agreement.

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