Construction, Forestry, Mining and Energy Union

[2013] FWCA 1359

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5067)

NIXAN PTY LTD T/AS BLANKET FIRE PROTECTION 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 Nixan Pty Ltd T/As Blanket Fire Protection 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 Nixan Pty Ltd T/As Blanket Fire Protection 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

In the matter of the Construction, Forestry, Mining and Energy Union and Nixan Pty Ltd, the Full Bench of the Fair Work Commission considered an application for approval of the Nixan Pty Ltd trading as Blanket Fire Protection and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The union sought approval of the agreement, which had been registered by the Fair Work Commission's delegate, while Nixan opposed the application, contending that the agreement was not appropriately certified as a simple, fair and efficient workplace agreement, and did not meet the requirements of the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement was appropriately certified and met the statutory criteria for registration. The union argued that the agreement was a genuine workplace agreement and that the delegate's decision to register it was correct. Conversely, Nixan submitted that the agreement did not meet the necessary criteria for registration, primarily due to the absence of certain provisions, such as a dispute resolution clause, and the inclusion of provisions that were not in the best interest of the employees.

The Full Bench considered the submissions and evidence presented by both parties, as well as the relevant provisions of the Fair Work Act. The court found that the agreement was appropriately certified, as the union had demonstrated that it had been negotiated in good faith and was a genuine workplace agreement. Furthermore, the Full Bench concluded that the agreement met the requirements of the Act, including the need for the agreement to be simple, fair and efficient, and to provide for a dispute resolution process. Consequently, the court approved the application for registration of the agreement.

In light of the findings, the Full Bench ordered that the Nixan Pty Ltd trading as Blanket Fire Protection and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved and registered. The union's application was successful, and the agreement was deemed to be a valid and enforceable enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established