Construction, Forestry, Mining and Energy Union

[2013] FWCA 1358

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5061)

PATCHWORX PTY LTD 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 Patchworx Pty Ltd 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 Patchworx Pty Ltd 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 matter before the Fair Work Commission involved an application for the approval of the Patchworx Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. Patchworx Pty Ltd, the employer, sought approval of the enterprise agreement under the Fair Work Act 2009. The dispute arose from concerns about the agreement's provisions, particularly whether it met the legal standards for registration and approval.

The central legal issues the Commission had to address were whether the enterprise agreement satisfied the requirements set out in section 230 of the Fair Work Act. This included examining if the agreement contained mandatory terms, whether the agreement was made in good faith and whether it met the criteria for "better off overall" as stipulated in the Act. The Commission also needed to determine whether the agreement had been properly certified by an independent third party and whether the process of consultation and negotiation met the legal standards.

The Fair Work Commission carefully reviewed the enterprise agreement and the process through which it was made. The Commission found that the agreement contained the necessary mandatory terms and was made in good faith. The Commission also determined that the "better off overall" test was met, as the agreement provided for terms and conditions that were at least as favourable as the applicable award or registered agreement. Furthermore, the Commission was satisfied that the agreement had been properly certified and that the process of consultation and negotiation adhered to the legal standards. Consequently, the Commission approved the enterprise agreement, finding it compliant with all relevant provisions of the Fair Work Act.

As a result of the Commission's decision, the Patchworx Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered. This outcome ensures that the terms and conditions of employment for the workers covered by the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established