Construction, Forestry, Mining and Energy Union

[2013] FWCA 108

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14227)

ZAMPERONI BROS PAINTERS & DECORATORS 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 Zamperoni Bros Painters & Decorators 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 Zamperoni Bros Painters & Decorators 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 case involved an application for approval of the Zamperoni Bros Painters & Decorators Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, Zamperoni Bros Painters & Decorators Pty Ltd, sought approval of the agreement from the Fair Work Commission, which was opposed by the Construction, Forestry, Mining and Energy Union. The matter was heard in the Federal Court of Australia.

The primary legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. The court had to consider whether the agreement contained all the mandatory terms and conditions, and whether it adhered to the procedural fairness and good faith bargaining principles.

The court found that the agreement complied with the statutory requirements and met the criteria for approval. It determined that the agreement contained all the mandatory terms and conditions, and the bargaining process was conducted in good faith. The court also found that the procedural fairness principles were adhered to during the negotiation process. As a result, the application for approval was successful.

The court granted the approval of the Zamperoni Bros Painters & Decorators Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was deemed to be compliant with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and was thus approved by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established