Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1453

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5275)

ASHMORE JOINERY (GOLD COAST) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011 - 2015

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 11 MARCH 2013

Application for approval of the Ashmore Joinery (Gold Coast) Pty Ltd and CFMEU Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Ashmore Joinery (Gold Coast) Pty Ltd and CFMEU Union Collective 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 18 March 2013. The nominal expiry date of the agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Ashmore Joinery (Gold Coast) Pty Ltd and CFMEU Union Collective Agreement 2011-2015. The applicant argued that the agreement was in the interests of the employees and the employer, while the respondent, Ashmore Joinery, contended that certain provisions of the agreement were unreasonable and not in the best interests of the employer. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The central legal issues before the Commission were whether the provisions of the agreement were fair and reasonable, and whether they were in the best interests of both the employees and the employer. The Commission considered the provisions of the agreement in light of the relevant legislative framework, including the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission also took into account the principles of good faith bargaining, the need for flexibility and efficiency in the workplace, and the potential impact of the agreement on the employer's business.

The Fair Work Commission found that the majority of the provisions of the agreement were reasonable and in the best interests of both the employees and the employer. The Commission approved the agreement, subject to some modifications to ensure that certain provisions were fair and reasonable. The Commission held that the modified agreement was in the best interests of both the employees and the employer, and was consistent with the principles of good faith bargaining and the need for flexibility and efficiency in the workplace.

The Commission's final orders included the approval of the Ashmore Joinery (Gold Coast) Pty Ltd and CFMEU Union Collective Agreement 2011-2015, subject to the modifications outlined in the decision. The Commission emphasised the importance of good faith bargaining and the need for flexibility and efficiency in the workplace, while also ensuring that the rights and interests of both employees and employers were protected.

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