Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1854

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5738)

NM SHOPFITTINGS TRUST (THE TRUSTEE FOR) T/AS NM SHOPFITTINGS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MARCH 2013

Application for approval of the NM Shopfittings Trust (The Trustee for) T/As NM Shopfittings 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 NM Shopfittings Trust (The Trustee for) T/As NM Shopfittings 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 3 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 (CFMEU) applied for approval of the NM Shopfittings Trust (The Trustee for) T/As NM Shopfittings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose when NM Shopfittings Pty Ltd, an employer in the shopfitting industry, sought to have the agreement approved by the Fair Work Commission (FWC) to establish the terms and conditions of employment for its employees. The CFMEU, as the representative of the employees, argued that the agreement was fair and reasonable, while NM Shopfittings Pty Ltd contended that the agreement was not suitable for the specific circumstances of its business.

The legal issues before the FWC involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement covered all employees of NM Shopfittings Pty Ltd, whether it was free from prohibited content, and whether it was procedurally and substantively fair. The FWC had to consider the balance of the agreement's provisions in light of the specific industry context and the needs of both the employer and the employees.

In its decision, the FWC determined that the agreement was fair and reasonable. The FWC found that the agreement was free from prohibited content and that it appropriately addressed the specific needs of the shopfitting industry. The FWC considered the bargaining positions of the parties, the nature of the industry, and the terms of the agreement in concluding that the agreement was procedurally and substantively fair. The FWC approved the agreement, finding that it met all the necessary criteria under the Fair Work Act 2009.

The FWC approved the NM Shopfittings Trust (The Trustee for) T/As NM Shopfittings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The FWC's decision affirmed the agreement as a fair and reasonable basis for the terms and conditions of employment within the shopfitting industry.

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