Construction, Forestry, Mining and Energy Union

[2013] FWCA 837

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4707)

WP INTERIORS PTY LTD T/AS SUPREME CEILINGS AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 FEBRUARY 2013

Application for approval of the WP Interiors Pty Ltd T/As Supreme Ceilings and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the WP Interiors Pty Ltd T/As Supreme Ceilings 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 13 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 matter before the Fair Work Commission involved an application for approval of the WP Interiors Pty Ltd T/As Supreme Ceilings and the Construction, Forestry, Mining and Energy Union (CFMEU) Plastering Industry Enterprise Agreement 2011-2015. The applicant, WP Interiors, sought the Commission's approval of the agreement, which outlined terms and conditions of employment for employees within the plastering industry. The CFMEU, as the relevant union, argued in support of the application, while the employer contended that certain provisions were not fair and reasonable.

The central legal issues the Commission needed to address were whether the agreement met the statutory requirements for approval, specifically under section 230 of the Fair Work Act 2009. The Commission examined the fairness and reasonableness of the agreement's terms, the process by which it was negotiated, and whether it adhered to the criteria set forth in the legislation. The Commission also had to consider the implications of any provisions that might be deemed unfair or unreasonable.

In its decision, the Commission found that while the agreement largely met the requirements for approval, certain provisions were deemed unfair and unreasonable. The Commission highlighted issues regarding the calculation of penalty rates and the handling of shift differentials. Despite these concerns, the Commission approved the agreement with modifications to address the identified issues. The Commission emphasised the importance of ensuring that the agreement's terms were fair and reasonable for both parties involved and that the negotiation process was conducted appropriately.

The final orders included the approval of the enterprise agreement with specific modifications to the contested provisions, ensuring compliance with the statutory criteria. The Commission mandated that the agreement would only be in effect for a limited period until such time as a new agreement could be negotiated, reflecting the need for ongoing fairness and reasonableness in the terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established