Construction, Forestry, Mining and Energy Union

[2013] FWCA 832

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4681)

ASPEX PTY LTD T/AS MELBOURNE METRO PLASTERING 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 Aspex Pty Ltd T/As Melbourne Metro Plastering 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 Aspex Pty Ltd T/As Melbourne Metro Plastering 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

In the case of the Construction, Forestry, Mining and Energy Union versus Aspex Pty Ltd T/As Melbourne Metro Plastering, the central dispute revolved around the approval of a particular enterprise agreement between the union and the employer. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The union sought approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which stipulated terms and conditions for employees in the building and construction industry.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in the "best interests of the employees" and if it was "freely and fairly" negotiated. The Commission also needed to consider whether the agreement was procedurally valid, meaning that it was properly formed and that the process of its negotiation and agreement was in accordance with relevant laws.

The Fair Work Commission, after examining the evidence and submissions from both parties, concluded that the agreement met the necessary legal standards. The Commission found that the agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment. The Commission also determined that the agreement was freely and fairly negotiated, as there was no evidence of any undue influence or coercion. Additionally, the Commission found that the agreement was procedurally valid, as it was properly formed and the process of its negotiation and agreement complied with the relevant laws. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission's decision was that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was to be approved. This decision was based on the Commission's finding that the agreement met the legal criteria set out in the Fair Work Act 2009, and that it was in the best interests of the employees. The agreement was thus approved, and the terms and conditions outlined within it would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established