Construction, Forestry, Mining and Energy Union

[2013] FWCA 845

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4781)

BLC COATINGS 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 BLC Coatings 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 BLC Coatings 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 case involves an application for the approval of the BLC Coatings Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, BLC Coatings Pty Ltd, sought approval from the Fair Work Commission under section 231 of the Fair Work Act 2009. The legal dispute centred on whether the agreement met the criteria for approval, specifically whether it provided for the proper administration of the workplace and whether it included a process for resolving disputes.

The court was required to determine whether the agreement's provisions were consistent with the requirements set out in the Fair Work Act 2009. The issues included whether the agreement provided for a fair and efficient workplace, whether it included adequate dispute resolution mechanisms, and whether it complied with the overall fairness test under section 234 of the Act. The court also had to consider whether the agreement met the standards of procedural fairness.

The Fair Work Commission, in its decision, held that the agreement did not meet the standards for approval. It found that the agreement lacked adequate provisions for the proper administration of the workplace and did not provide a sufficient process for resolving disputes. The Commission concluded that the agreement failed to meet the overall fairness test and did not comply with the procedural fairness standards required by the Act. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the BLC Coatings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be refused approval. The Commission further directed that the agreement could not be registered under the Fair Work Act 2009 until such time as the deficiencies identified in the decision were rectified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established