Construction, Forestry, Mining and Energy Union

[2013] FWCA 831

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4677)

RAYMILL WINDOW & DOOR SPECIALISTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Raymill Window & Door Specialists 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 Raymill Window & Door Specialists 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 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 Raymill Window & Door Specialists Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought by the union, which sought to have the enterprise agreement registered under the Fair Work Act 2009. The employer contested the application on the basis that the agreement contained provisions that were contrary to the provisions of the Act and did not meet the requirements for an enterprise agreement.

The legal issues before the Commission included whether the provisions of the agreement were contrary to the Act and whether the agreement met the requirements for registration under the Act. The Commission needed to consider the language of the agreement, the context in which it was negotiated and the purpose it was intended to serve. The Commission also needed to consider whether the agreement contained provisions that were inconsistent with the objectives of the Act and whether it provided for a fair and reasonable method of determining wages and other conditions of employment.

The Commission found that the agreement did not contain any provisions that were contrary to the Act and that it met the requirements for registration. The Commission noted that the agreement provided for a fair and reasonable method of determining wages and other conditions of employment and that it was negotiated in good faith. The Commission also found that the provisions of the agreement were consistent with the objectives of the Act and did not undermine the system of enterprise bargaining established by the Act. The Commission approved the agreement and it was registered on the National Registration System.

The Fair Work Commission approved the Raymill Window & Door Specialists Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was registered on the National Registration System and became a legally binding enterprise agreement between the employer and the union. The decision of the Commission is a reminder of the importance of ensuring that enterprise agreements are negotiated in good faith and that they provide for a fair and reasonable method of determining wages and other conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established