Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 839

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4711)

OCEANVIEW COMMERCIAL WINDOWS & GLASS 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 Oceanview Commercial Windows & Glass 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 Oceanview Commercial Windows & Glass 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 involved an application for the approval of the Oceanview Commercial Windows & Glass Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Building and Construction Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission, the body responsible for regulating and promoting the national workplace relations system in Australia. The CFMEU sought approval of the enterprise agreement, which outlined the terms and conditions of employment for workers in the building and construction industry.

The legal issues the court needed to decide were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was appropriate for the agreement to be made. The court had to consider whether the agreement met the criteria for being a "registered agreement," which includes provisions for minimum wages and conditions, and whether it was made in good faith and not in a coercive manner. The court also needed to determine whether the agreement provided for the fair treatment of employees and whether it complied with the requirements for being a "single interest employer agreement" and "single interest employee agreement."

The court considered the evidence and submissions from both parties and found that the agreement met the criteria for being a registered agreement. The court held that the agreement was made in good faith and was not coercive. The court also found that the agreement provided for the fair treatment of employees and complied with the requirements for being a single interest employer agreement and single interest employee agreement. The court approved the agreement, noting that it provided for reasonable terms and conditions of employment and was in the best interests of the employees.

The court's decision was that the Oceanview Commercial Windows & Glass Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered under the Fair Work Act 2009. The agreement was deemed to be a registered agreement and was to be in effect from the date of the approval. The court noted that the agreement provided for the fair treatment of employees and was in the best interests of the employees. The court's decision was final and binding, and no further appeals were possible.

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