Construction, Forestry, Mining and Energy Union

[2013] FWCA 1122

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5008)

FITZGERALDS SHOPFITTING (AUST) 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 Fitzgeralds Shopfitting (Aust) 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 Fitzgeralds Shopfitting (Aust) 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Fitzgeralds Shopfitting (Aust) Pty Ltd, an employer, and the Construction, Forestry, Mining and Energy Union (CFMEU), a trade union. The dispute centred on the approval of an enterprise agreement between the parties for the period 2011-2015. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The CFMEU sought approval of the agreement, which the employer contested on several grounds, including that the agreement did not comply with certain statutory provisions.

The primary legal issues the court had to decide were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it met the requirements for being a "better off overall and in the round" agreement. The employer argued that the agreement was not compliant and did not meet the "better off" test, while the union maintained that the agreement was fair and met all necessary statutory criteria.

The Fair Work Commission found that the agreement was indeed compliant with the Act and met the "better off" test. The Commission noted that while some provisions of the agreement could be seen as contentious, the overall terms and conditions provided by the agreement were fair and reasonable. The Commission also found that the agreement was better off overall and in the round for the employees, as it provided them with improved wages, conditions, and benefits. Consequently, the Commission approved the Fitzgeralds Shopfitting (Aust) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established