Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1113

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4987)

NC BUMFORD PLASTERING SERVICES 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 NC Bumford Plastering Services 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 NC Bumford Plastering Services 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 involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and NC Bumford Plastering Services Pty Ltd. The dispute revolved around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the agreement in question met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the requirements for being a "registered agreement" and whether it met the criteria for being a "single-interest employer agreement." Additionally, the court needed to assess if the agreement was "in the national system interest."

The Fair Work Commission found that the agreement did meet the criteria for being a registered agreement. It was a single-interest employer agreement as it was limited to employees of NC Bumford Plastering Services Pty Ltd and their successors in title. Furthermore, the Commission determined that the agreement was in the national system interest, as it provided for a fair and efficient workplace. The court approved the agreement based on these findings, and the decision was made in favour of the CFMEU.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 for NC Bumford Plastering Services Pty Ltd. The decision was based on the agreement meeting the criteria for being a registered agreement and a single-interest employer agreement, as well as being in the national system interest. This ruling allowed the agreement to be implemented and enforced in accordance with the terms outlined within it.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established