Construction, Forestry, Mining and Energy Union

[2013] FWCA 1108

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4970)

KANANOOK PAINTING & SOLID PLASTERING PTY LTD 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 Kananook Painting & Solid Plastering 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 Kananook Painting & Solid Plastering 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 25 February 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, acting on behalf of its members, applied for the approval of the Kananook Painting & Solid Plastering Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This agreement was set to cover Kananook Painting & Solid Plastering's employees and was intended to establish terms and conditions of employment. The application followed a process where the union and the employer had engaged in negotiations and had reached a mutual agreement, which was now subject to the Commission's scrutiny for compliance with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly concerning the procedural fairness in the negotiation process, the coverage of the agreement, and whether the terms and conditions provided for in the agreement were fair and reasonable. The Commission had to ensure that the agreement did not include terms that were contrary to public policy or that had been obtained through improper means. Additionally, the Commission considered whether the agreement provided adequate protections and benefits to the employees covered by it.

The Commission found that the agreement was made in good faith and was not obtained through any improper means. It also determined that the agreement covered a sufficient proportion of the relevant workforce, ensuring that the majority of employees were included. Furthermore, the Commission assessed that the terms and conditions of employment in the agreement were fair and reasonable, taking into account the needs of the industry, the economic circumstances, and the interests of the employees. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the statutory requirements.

The Fair Work Commission approved the Kananook Painting & Solid Plastering Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, thereby formalising the terms and conditions of employment for the employees covered by the agreement. This decision was based on the Commission's determination that the agreement was made in good faith, covered an appropriate proportion of the workforce, and provided fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established