Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5286)

ELITE COMMERCIAL WINDOWS PTY LTD T/AS SWIFT FACADE AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 MARCH 2013

Application for approval of the Elite Commercial Windows Pty Ltd T/As Swift Facade 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 Elite Commercial Windows Pty Ltd T/As Swift Facade 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 19 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 Construction, Forestry, Mining and Energy Union, acting on behalf of certain employees, applied for the approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question, titled "The Elite Commercial Windows Pty Ltd T/As Swift Facade and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015," was to be approved by the Fair Work Commission. The dispute involved the interpretation and application of sections of the Fair Work Act and the Fair Work Regulations, particularly in relation to the procedural fairness owed to non-party stakeholders and the appropriate scope of the Commission's review of enterprise agreements.

The legal issues before the court were whether the Fair Work Commission had appropriately exercised its discretion in approving the enterprise agreement and whether it had adequately considered the submissions and interests of non-party stakeholders. The union argued that the Commission's decision to approve the agreement was valid and that it had properly exercised its discretion. Non-party stakeholders contended that the Commission had failed to give them adequate procedural fairness and had not sufficiently considered their interests when approving the agreement.

The court found that the Fair Work Commission had appropriately exercised its discretion in approving the enterprise agreement. It determined that the Commission had considered the submissions and interests of non-party stakeholders to a reasonable extent and that it had not erred in its consideration of these interests. The court held that the Commission's decision to approve the agreement was within its lawful powers and was not unreasonable. Consequently, the application for review was dismissed, and the agreement was approved as valid.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established