Construction, Forestry, Mining and Energy Union

[2013] FWCA 1364

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5282)

ASKEW, PAUL T/AS H2O PRESSURE CLEANING SERVICE AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 MARCH 2013

Application for approval of the Askew, Paul T/As H2O Pressure Cleaning Service 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 Askew, Paul T/As H2O Pressure Cleaning Service 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 12 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 (CFMEU) applied to the Fair Work Commission for approval of the Askew, Paul T/As H2O Pressure Cleaning Service and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant union and employer were subject to the Building and Construction Industry (General) Security of Payment Act 1999. The applicant union submitted that the enterprise agreement should be approved as it complied with the requirements of the Fair Work Act 2009. The applicant employer argued that the enterprise agreement should not be approved as it did not comply with the requirements of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the enterprise agreement should be approved.

The Fair Work Commission found that the enterprise agreement did not comply with the requirements of the Fair Work Act 2009. The enterprise agreement contained a clause that permitted the employer to unilaterally vary an employee's shift times. The Fair Work Commission found that this clause was contrary to the requirements of the Fair Work Act 2009. The Fair Work Commission found that the enterprise agreement did not comply with the requirements of the Fair Work Act 2009 and did not approve the enterprise agreement.

The Fair Work Commission did not approve the enterprise agreement. The Fair Work Commission ordered that the application for approval of the enterprise agreement be dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established