Construction, Forestry, Mining and Energy Union

[2013] FWCA 1114

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4991)

D PAPASERGI & P STRONG T/AS DPS FLOORING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 FEBRUARY 2013

Application for approval of the D Papasergi & P Strong T/As DPS Flooring 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 D Papasergi & P Strong T/As DPS Flooring 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 25 February 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 applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for the D Papasergi & P Strong T/As DPS Flooring and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The respondent, the Fair Work Commission, was the regulatory body responsible for approving such agreements. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the court involved the validity and fairness of the enterprise agreement. The court had to determine if the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions for employees, and if it was free from any undue influence or coercion. Additionally, the court had to assess whether the agreement appropriately balanced the interests of both the employer and the employees, as required by the Fair Work Act.

The court found that the enterprise agreement was generally fair and reasonable, meeting the statutory criteria for approval. The agreement provided for terms and conditions that were considered appropriate for the industry, and there was no evidence of undue influence or coercion. The court also determined that the agreement balanced the interests of both the employer and the employees adequately. Consequently, the court approved the agreement, finding it to be compliant with the requirements of the Fair Work Act and the Fair Work Regulations.

As a result of the court's decision, the D Papasergi & P Strong T/As DPS Flooring and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and became effective. The agreement now governs the terms and conditions of employment for the employees of D Papasergi & P Strong T/As DPS Flooring.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established