Construction, Forestry, Mining and Energy Union

[2013] FWCA 1120

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5007)

CAD PLASTERING PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Cad Plastering Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cad Plastering Pty Ltd and the CFMEU Plastering 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Cad Plastering Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The dispute arose from the negotiation of the enterprise agreement between the CFMEU and Cad Plastering Pty Ltd, with the CFMEU seeking to have the agreement approved by the Commission. The application for approval was contested by the employer, which raised several objections to specific provisions of the agreement.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, including the good faith bargaining requirement, and whether specific provisions of the agreement were reasonable in the circumstances. The employer argued that the agreement failed to meet the good faith bargaining requirement, as it was entered into without adequate consultation and negotiation. The employer also contended that certain provisions of the agreement, including those relating to wage rates, penalty rates, and working conditions, were unreasonable and not in line with industry standards.

In delivering its decision, the Commission found that the agreement had been entered into in good faith and that the CFMEU had adequately consulted with the employer during the negotiation process. The Commission also considered the reasonableness of the specific provisions contested by the employer. It found that while some provisions of the agreement may have been more favourable to employees than industry standards, they were not unreasonable in the context of the agreement as a whole. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established