Construction, Forestry, Mining and Energy Union

[2013] FWCA 1166

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5030)

LAVENDER FAMILY TRUST (THE TRUSTEE FOR) T/AS LAVENDER & CO PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 20 FEBRUARY 2013

Application for approval of the Lavender Family Trust (The Trustee for) T/As Lavender & Co 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 Lavender Family Trust (The Trustee for) T/As Lavender & Co 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 27 February 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application for approval of the Lavender Family Trust, trading as Lavender & Co Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU) Building and Construction Industry Enterprise Agreement 2011-2015. The trust sought approval for the enterprise agreement, which outlined terms and conditions for employees within the building and construction industry. The CFMEU supported the application, while other parties contested the proposed agreement's validity and compliance with relevant industrial laws. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the court had to address were whether the enterprise agreement was made in good faith, whether it complied with the provisions of the Fair Work Act, and whether it was free from any invalid provisions. Specifically, the court examined the process by which the agreement was negotiated, whether it included all mandatory terms, and if it adhered to procedural fairness requirements. The court also considered submissions from all parties involved, including the trust, the union, and other stakeholders, to ensure that the agreement was fair and reasonable for all parties.

In its decision, the Full Bench found that the enterprise agreement was made in good faith and complied with the relevant provisions of the Fair Work Act. The court acknowledged the thorough process followed by the parties in negotiating the agreement and determined that it met all mandatory terms. The court also ruled that the agreement was free from any invalid provisions and was fair and reasonable for all parties involved. Based on these findings, the Full Bench approved the agreement, allowing it to come into effect. The decision underscored the importance of following due process in the negotiation and approval of enterprise agreements to ensure they meet the statutory requirements and serve the interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established