Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 842

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4762)

RSF COMMERCIAL INTERIORS 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 RSF Commercial Interiors 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 RSF Commercial Interiors 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 before the Full Bench of the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and RSF Commercial Interiors Pty Ltd. The CFMEU sought approval of the enterprise agreement between itself and RSF Commercial Interiors Pty Ltd, which was due to expire on 31 December 2015. The dispute centred on the provisions of the proposed agreement, specifically those related to wages and conditions for employees, and whether they complied with the relevant industrial legislation.

The legal issues before the court involved determining whether the provisions of the proposed agreement were procedurally and substantively fair, and whether they met the requirements set out in the Fair Work Act 2009. The court had to consider whether the agreement provided for appropriate protections for employees, including minimum wage rates, leave entitlements, and other employment conditions, as well as whether the agreement allowed for the necessary flexibility for employers to manage their businesses effectively.

In its decision, the Full Bench of the Fair Work Commission found that the proposed agreement was procedurally and substantively fair, and met the requirements of the Fair Work Act. The court noted that the agreement provided for appropriate protections for employees, including minimum wage rates and leave entitlements, and allowed for necessary flexibility for employers. The court also found that the agreement had been negotiated in good faith and that there was no evidence of any improper conduct by either party during the negotiation process. The Full Bench therefore approved the proposed agreement, which will now apply to employees of RSF Commercial Interiors Pty Ltd from 1 January 2016.

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