Construction, Forestry, Mining and Energy Union

[2013] FWCA 467

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4385)

R SCOTT FAMILY TRUST (THE TRUSTEE FOR) T/AS RONSAN COMMERCIAL PLASTERING AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 JANUARY 2013

Application for approval of the R Scott Family Trust (The Trustee for) T/As Ronsan Commercial Plastering and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the R Scott Family Trust (The Trustee for) T/As Ronsan Commercial Plastering and the CFMEU Plastering 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 29 January 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 approval of an enterprise agreement between the R Scott Family Trust, trading as Ronsan Commercial Plastering, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission, an Australian federal body responsible for regulating employment relationships. The CFMEU sought approval of the CFMEU Plastering Industry Enterprise Agreement 2011-2015, which aimed to govern the terms and conditions of employment for workers in the plastering industry.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the scope of the agreement, the bargaining process, and the substantive terms and conditions. The Commission needed to determine if the agreement was made in good faith, if it was appropriately certified, and if it adhered to the requirements for "protected action" under the Act. The Commission also examined whether the agreement adequately addressed the interests of employees, including matters such as pay rates, working hours, and dispute resolution mechanisms.

The Commission found that the agreement was made in good faith and was appropriately certified. The bargaining process was deemed to be fair and transparent, with adequate representation of both parties. The substantive terms and conditions of the agreement were considered to be reasonable and appropriate, providing adequate protection for employees while allowing for flexibility in the industry. The Commission approved the agreement, noting that it balanced the needs of employers and employees effectively. As a result, the CFMEU Plastering Industry Enterprise Agreement 2011-2015 was approved and will govern the relevant employment relationships until its expiry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established