Construction, Forestry, Mining and Energy Union

[2013] FWCA 836

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4706)

SHADOW SHOPFITTERS 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 Shadow Shopfitters 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 Shadow Shopfitters 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Shadow Shopfitters Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The company objected to the application on the basis that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The company argued that the agreement did not have a sufficient bargaining period and did not adequately address the issue of multi-employer bargaining.

The Commission was required to determine whether the agreement met the requirements of section 231 of the Fair Work Act, including whether there was a sufficient bargaining period and whether the agreement was appropriately negotiated. The Commission found that the agreement had been negotiated in good faith and that there had been a sufficient bargaining period. The Commission also found that the agreement was appropriately negotiated and met the requirements of the Act.

As a result of the Commission's decision, the agreement was approved and registered with the Fair Work Commission. The company's objections were dismissed. The Commission found that the agreement was appropriately negotiated and met the requirements of the Act, including the requirements for a sufficient bargaining period and multi-employer bargaining. The agreement was registered with the Commission, and the parties were bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established