Construction, Forestry, Mining and Energy Union

[2013] FWCA 2024

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5812)

SHAUN MICHAEL FURMINGER T/AS SHAUN'S FLOORS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 APRIL 2013

Application for approval of the Shaun Michael Furminger T/As Shaun's Floors 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 Shaun Michael Furminger T/As Shaun's Floors 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 12 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 (CFMEU) applied for the approval of the Shaun Michael Furminger T/As Shaun's Floors and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under section 234 of the Fair Work Act 2009. The CFMEU argued that the agreement was appropriate for approval because it contained all the required provisions and met the conditions set out in the legislation. The applicant also claimed that the agreement had been negotiated in good faith and was not contrary to the public interest.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was appropriate for approval. The Commission needed to consider whether the agreement contained all the prescribed minimum terms and conditions, was not contrary to the public interest, and had been negotiated in good faith. The Commission also had to assess whether the agreement met the other criteria set out in the legislation.

The Commission found that the agreement complied with the requirements of the Fair Work Act and was appropriate for approval. The Commission noted that the agreement contained all the prescribed minimum terms and conditions, was not contrary to the public interest, and had been negotiated in good faith. The Commission also found that the agreement met the other criteria set out in the legislation. The Commission concluded that the agreement was appropriate for approval and made an order approving the agreement.

The Commission ordered that the Shaun Michael Furminger T/As Shaun's Floors and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act. The approval was to be effective from the date of the order and would remain in force until the earlier of the agreement's expiry or termination under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established