Construction, Forestry, Mining and Energy Union

[2013] FWCA 2033

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5835)

DYNAMIC WINDOW SYSTEMS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2011-2014

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

Application for approval of the Dynamic Window Systems Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Dynamic Window Systems Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014 (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 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application with the Fair Work Commission for the approval of the Dynamic Window Systems Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014. The matter was heard by Commissioner Derrington and dealt with the complexities surrounding the approval of enterprise agreements under the Fair Work Act 2009. The legal issues before the court revolved around whether the agreement met the statutory requirements for approval, particularly focusing on the procedural fairness and the adherence to the provisions of the Fair Work Act.

The court examined whether the application process was conducted fairly and whether the agreement contained all the necessary elements as prescribed by the Fair Work Act. The primary focus was on whether the agreement adequately provided for the protection of employees' rights and whether it was made in good faith. The court also considered the implications of the agreement on the bargaining process and whether it complied with the principles of procedural fairness. The CFMEU argued that the agreement was fair and had been made in good faith, while the opposing party contested the fairness and validity of the agreement on procedural grounds.

After thorough deliberation, the court determined that the agreement was made in good faith and adhered to the statutory requirements for approval. The court found that the procedural fairness was maintained throughout the bargaining process and that the agreement adequately protected the rights of the employees. The court held that the application for approval should be approved, and the agreement was deemed to be valid and enforceable. The decision underscored the importance of procedural fairness in the formation of enterprise agreements and the need for compliance with the Fair Work Act.

The final orders of the court approved the Dynamic Window Systems Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2011-2014, effective from the date of the decision. The agreement was recognised as a lawful and binding enterprise agreement under the Fair Work Act. The court's decision provided clarity on the procedural requirements and reinforced the importance of ensuring that enterprise agreements are made in good faith and in compliance with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established