Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 932

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4859)

OBIC FAMILY TRUST 1 T/AS JEM CEILING AND WALLS PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 FEBRUARY 2013

Application for approval of the Obic Family Trust 1 T/As Jem Ceiling and Walls 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 Obic Family Trust 1 T/As Jem Ceiling and Walls 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 15 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 (CFMEU) sought approval of the Obic Family Trust trading as Jem Ceiling and Walls Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The dispute involved the terms and conditions of employment under the proposed agreement and whether it met the legal requirements for approval.

The court had to determine whether the agreement met the criteria set out in the Fair Work Act 2009, specifically whether it was in the interests of employees and whether it complied with the procedural requirements. The CFMEU argued that the agreement was in the best interests of the employees, while the Obic Family Trust contended that certain provisions were unfair and did not comply with the legal requirements.

After careful consideration of the evidence and submissions from both parties, the Commission found that the agreement was in the best interests of the employees and met the procedural requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the parties had negotiated in good faith. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009.

The final orders of the Commission were that the agreement be approved, subject to certain minor modifications to ensure compliance with the Act. The CFMEU and the Obic Family Trust were directed to take all necessary steps to implement the approved agreement.

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