Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5301)

NEWMAN MARK T/AS M A N PAINTING MANAGEMENT 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 Newman Mark T/As M A N Painting Management 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 Newman Mark T/As M A N Painting Management 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 case involves an application for approval of the Newman Mark T/As M A N Painting Management and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. This matter was heard in the Fair Work Commission. The central dispute revolves around whether the enterprise agreement should be approved, as it seeks to establish terms and conditions of employment for workers in the painting and decorating industry in New South Wales.

The primary legal issue before the court was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fairly negotiated and whether it complied with the procedural requirements set out in the legislation. Additionally, the court needed to examine if the agreement was in the interests of the employees it sought to cover and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009.

The court found that the agreement was fairly negotiated and complied with the necessary procedural requirements. The agreement was deemed to be in the interests of the employees it sought to cover, as it provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The court also determined that the agreement did not unfairly discriminate against any group of employees and was consistent with the principles of the Fair Work Act. As a result, the court approved the application for the agreement's registration.

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