Construction, Forestry, Mining and Energy Union

[2013] FWCA 843

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4776)

MATTHEW PACE FAMILY TRUST (THE TRUSTEE FOR) T/AS MMP PLASTERING PTY LTD 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 Matthew Pace Family Trust (The Trustee for) T/As MMP Plastering 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 Matthew Pace Family Trust (The Trustee for) T/As MMP Plastering 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 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Matthew Pace Family Trust trading as MMP Plastering Pty Ltd. The dispute arose over the approval of the CFMEU Plastering Industry Enterprise Agreement 2011-2015, with the Trust seeking the Fair Work Commission's (FWC) approval of the agreement. The FWC, specifically a delegate of the Commission, presided over the case.

The legal issues before the Court were whether the enterprise agreement contained certain provisions that were contrary to public policy or otherwise not fair and reasonable. Specifically, the Court had to determine if the provisions of the agreement, particularly those related to the imposition of union membership as a condition of employment, were in line with the Fair Work Act 2009 and the principles of fairness and reasonableness.

In reaching its decision, the Court considered the relevant statutory provisions and case law. The Court found that the union membership requirement was not contrary to public policy, nor was it unreasonable. The Court determined that the agreement was fair and reasonable, taking into account the nature of the industry, the parties' bargaining positions, and the overall terms and conditions of the agreement. The Court approved the enterprise agreement, subject to certain modifications that were considered necessary to ensure fairness and reasonableness.

As a result of the Court's decision, the CFMEU Plastering Industry Enterprise Agreement 2011-2015 was approved with modifications. The final orders of the Court mandated the FWC to register the modified agreement and for the Trust to implement the changes as per the Court's determination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established