Construction, Forestry, Mining and Energy Union

[2013] FWCA 2030

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5814)

RADICAL RENDERING PTY LTD 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 Radical Rendering 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 Radical Rendering 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 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

The Construction, Forestry, Mining and Energy Union (CFMU) applied for approval of the Radical Rendering Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission (FWC) was required to decide if the agreement complied with the relevant legislative provisions. The dispute centred on the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly the requirements for the approval of enterprise agreements. The key issue was whether the agreement met the standard requirements for enterprise agreements, including the need for it to be in writing, to be free from prohibited content, and to comply with the process for approval.

The FWC considered the evidence and submissions from both parties and found that the agreement was in writing and free from prohibited content. The FWC also noted that the agreement had been negotiated in good faith and had been made without any undue influence or coercion. The FWC was satisfied that the agreement met the standard requirements for enterprise agreements and approved the agreement. The CFMU's application for approval of the agreement was successful, and the agreement was registered with the Fair Work Commission.

The FWC made orders approving the Radical Rendering Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The orders also included provisions for the agreement to be registered with the Fair Work Commission and for the agreement to be published on the Fair Work Commission's website. The orders further provided that the agreement would commence on the date of registration and would remain in force until the earlier of the date on which the agreement is terminated or the date on which a new enterprise agreement is made. The CFMU's application for approval of the agreement was successful, and the agreement was registered and commenced as per the orders of the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established