Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 841

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4755)

FARDIS AMANDA T/AS FARDIS PAINTING COMPANY 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 Fardis Amanda T/As Fardis Painting Company 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 Fardis Amanda T/As Fardis Painting Company 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Fardis Amanda T/As Fardis Painting Company and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 before the Fair Work Commission (FWC). The agreement was contested by several employer associations, which argued it contravened the Fair Work Act 2009 (Cth). The primary dispute centred on whether the agreement's provisions, particularly those concerning pay rates and conditions, were in compliance with the Act.

The central legal issues the FWC addressed involved whether the provisions of the enterprise agreement met the requirements under the Fair Work Act. These requirements include ensuring the agreement was made in good faith and was fair and reasonable, and that it did not contravene any minimum entitlements set out in the Act. The employer associations argued that certain clauses of the agreement unfairly penalised employers by imposing excessive pay rates and conditions that were not justified by the industry's economic circumstances.

The FWC assessed the fairness and reasonableness of the agreement by examining the bargaining processes, the economic context, and the specific provisions of the agreement. It concluded that the agreement was made in good faith and was fair and reasonable. The FWC found that the pay rates and conditions stipulated in the agreement were justifiable, taking into account the bargaining power of the parties, industry standards, and the economic conditions of the building and construction industry at the time. Consequently, the FWC approved the enterprise agreement.

The Fair Work Commission approved the Fardis Amanda T/As Fardis Painting Company and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, rejecting the contentions of the employer associations that the agreement contravened the Fair Work Act.

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