Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1644

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5526)

FOTAKIS, THEODOROS T/AS EXECUTIVE CLEANERS AND MAINTENANCE SERVICES AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Fotakis, Theodoros T/As Executive Cleaners and Maintenance Services 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 Fotakis, Theodoros T/As Executive Cleaners and Maintenance Services 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 25 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, Fotakis, Theodoros T/As Executive Cleaners and Maintenance Services, sought approval for the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which was challenged by the Construction, Forestry, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The central issue was whether the agreement was genuinely negotiated and not imposed, and whether it contained provisions that were contrary to public policy or unfair.

The Commission found that the agreement was genuinely negotiated and not imposed, and that the CFMEU had followed proper procedures in its negotiation. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or unfair. The Commission noted that the agreement contained provisions that were necessary to ensure the safety and wellbeing of workers in the building and construction industry, and that these provisions were consistent with the objectives of the Fair Work Act.

Based on the evidence presented, the Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement met all of the criteria for approval under the Fair Work Act, and that it was in the best interests of the workers covered by the agreement. The Commission also noted that the agreement provided for a fair and reasonable balance of rights and obligations between employers and employees, and that it promoted productivity and economic prosperity.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, and the applicant's application for approval was successful. The Commission found that the agreement was genuinely negotiated and not imposed, and that it contained provisions that were necessary to ensure the safety and wellbeing of workers in the building and construction industry. The Commission also found that the agreement was consistent with the objectives of the Fair Work Act, and that it provided for a fair and reasonable balance of rights and obligations between employers and employees.

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