Construction, Forestry, Mining and Energy Union

[2013] FWCA 862

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/217)

TOWN INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER CARGILL	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Town Interiors Pty Ltd / CFMEU Collective Agreement 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Town Interiors Pty Ltd / CFMEU Collective Agreement 2012 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (CFMEU) on behalf of Town Interiors Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 February 2013. The nominal expiry date is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the applicant, and Town Interiors Pty Ltd, the respondent, the Fair Work Commission was called upon to approve a collective agreement between the parties. The agreement in question pertained to the period from 2012 to 2014 and included terms and conditions of employment for workers within the respondent's business. The Union sought approval of the agreement under the Fair Work Act 2009, asserting that it met the statutory requirements and was fair and reasonable.

The central legal issues before the Commission involved determining whether the collective agreement complied with the legislative framework established by the Fair Work Act. Specifically, the Commission had to assess whether the agreement contained the mandated minimum terms and conditions, and if the agreement was fair and reasonable in all its aspects. Additionally, the Commission considered the need for the agreement to contribute to the achievement of productive and sustainable workplace relations.

The Commission approached its assessment by meticulously reviewing the provisions of the agreement against the statutory minimum terms and conditions as prescribed by the Fair Work Act. The Commission also evaluated the fairness and reasonableness of the agreement, taking into account the broader objectives of the Act, including the promotion of harmonious, productive, and fair workplace relations. After careful consideration, the Commission concluded that the agreement was compliant with the statutory requirements and was fair and reasonable, thus meeting the necessary criteria for approval. The Commission approved the collective agreement, enabling the terms and conditions set out within it to apply from the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established