Construction, Forestry, Mining and Energy Union

[2013] FWCA 115

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14230)

BE FLOORED PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Be Floored 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 Be Floored 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 16 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 matter involved an application for approval of the Be Floored Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission was the tribunal that heard the application. The primary dispute centred around the procedural fairness of the application process, specifically whether the Commission afforded Be Floored Pty Ltd an opportunity to be heard before making its decision.

The legal issues before the court were whether the Commission followed the proper procedures in considering the application and if the company was given a fair opportunity to present its case. The key concern was whether the Commission breached the common law rules of procedural fairness by not providing adequate notice and opportunity to be heard.

The Fair Work Commission found that it did not breach procedural fairness in this instance. The Commission had engaged with the parties in a manner that was fair and just, and the process was consistent with the requirements of procedural fairness. The company had been provided with an opportunity to present its case, and the Commission considered the submissions made. The Commission concluded that it had fulfilled its obligations under the common law rules of procedural fairness.

As a result, the application for approval of the Enterprise Agreement was upheld. The Commission found that the agreement met the necessary criteria and was in the best interests of the employees covered by the agreement. The final orders were that the Enterprise Agreement be approved as per the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established