Construction, Forestry, Mining and Energy Union

[2013] FWCA 1634

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5537)

DALEY STREET HOLDINGS T/AS BISHOP DECORATIVE FINISHES AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 MARCH 2013

Application for approval of the Daley Street Holdings T/As Bishop Decorative Finishes and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Daley Street Holdings T/As Bishop Decorative Finishes and the CFMEU Plastering 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 25 March 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 the approval of the Daley Street Holdings T/As Bishop Decorative Finishes and the Construction, Forestry, Mining and Energy Union Plastering Industry Enterprise Agreement 2011-20-15. The matter was heard in the Fair Work Commission. The union sought approval for the enterprise agreement under the Fair Work Act 2009, and the employer contested the application, arguing that the agreement was not fairly negotiated and contained terms that were not within the scope of the union's bargaining rights.

The central legal issue before the Commission was whether the enterprise agreement was fairly negotiated and whether its terms fell within the scope of the union's bargaining rights. The employer argued that the union had not genuinely negotiated the agreement, and that some of the terms were beyond the union's bargaining rights, particularly in relation to the incorporation of terms from a previous agreement. The union, on the other hand, maintained that the agreement was the result of genuine negotiations and that all terms were within the scope of its bargaining rights.

The Commission found that the enterprise agreement was fairly negotiated and that all its terms were within the scope of the union's bargaining rights. The employer's evidence did not demonstrate that the union had failed to genuinely negotiate the agreement, and the incorporation of terms from a previous agreement was not a breach of the scope of the union's bargaining rights. The Commission approved the enterprise agreement, and the union's application for approval was successful.

The Fair Work Commission approved the Daley Street Holdings T/As Bishop Decorative Finishes and the Construction, Forestry, Mining and Energy Union Plastering Industry Enterprise Agreement 2011-2015. The Commission found that the agreement was fairly negotiated and that all its terms were within the scope of the union's bargaining rights. The employer's arguments regarding the negotiation process and the incorporation of terms from a previous agreement were rejected. The union's application for approval was successful, and the enterprise agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established