Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2048

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5830)

DYNAMIC WINDOW SYSTEMS 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 Dynamic Window Systems 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 Dynamic Window Systems 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 case involved an application for approval of the Dynamic Window Systems Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission. The central legal issue was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained genuine bargaining between the parties, was free from any contraventions of the Act, and provided for the proper operation of the enterprise.

The Fair Work Commission examined the evidence and submissions from both parties to ascertain if the agreement reflected genuine bargaining. The Commission considered the process by which the agreement was negotiated and the extent to which the terms and conditions represented a fair outcome for both employers and employees. Furthermore, the Commission reviewed the content of the agreement to ensure compliance with the Fair Work Act 2009 and that it did not contravene any statutory provisions. The Commission also assessed whether the agreement facilitated the efficient operation of the enterprise.

After thorough consideration, the Fair Work Commission concluded that the agreement did reflect genuine bargaining and was free from any contraventions of the Act. The Commission found that the agreement contained terms and conditions that were fair and reasonable and would enable the proper operation of the enterprise. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission ordered the approval of the Dynamic Window Systems Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was to be registered and would have effect from the date of the approval decision.

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