Construction, Forestry, Mining and Energy Union

[2013] FWCA 104

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14215)

MENTES SHOPFITTING TRUST T/AS MENTES SHOPFITTING 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 Mentes Shopfitting Trust T/As Mentes Shopfitting 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 Mentes Shopfitting Trust T/As Mentes Shopfitting 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and the Mentes Shopfitting Trust, trading as Mentes Shopfitting Pty Ltd. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which aimed to regulate employment conditions for the construction industry in Australia. The Fair Work Commission (FWC) was the court that presided over this matter.

The primary legal issues before the FWC were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. The CFMEU argued that the agreement was necessary to maintain fair and reasonable working conditions, while the Mentes Shopfitting Trust contended that certain provisions in the agreement were overly restrictive and detrimental to their business operations.

The FWC found that the agreement was largely consistent with the Fair Work Act and served the interests of the employees. However, the FWC made certain modifications to the agreement to address the concerns raised by the Mentes Shopfitting Trust. These modifications included adjustments to specific provisions that were deemed overly restrictive and detrimental to the employer's business operations. Following these modifications, the FWC approved the agreement, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

As a result of the FWC's decision, the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved, subject to the modifications made by the FWC. The modifications addressed the concerns raised by the Mentes Shopfitting Trust and ensured that the agreement was fair and reasonable for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established