Construction, Forestry, Mining and Energy Union

[2013] FWCA 120

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14320)

G R SMITH AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the G R Smith and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the G R Smith 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 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 Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the G R Smith and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The Fair Work Commission (FWC) was asked to decide whether the agreement met the requirements for approval under the Fair Work Act 2009. The dispute arose from the provisions of the agreement that the applicant, G R Smith, claimed were necessary for the business's economic viability, while the CFMEU argued that the agreement was fair and reasonable.

The legal issues before the FWC were whether the agreement contained provisions that were genuinely necessary for the business to operate economically and whether these provisions were fair and reasonable. The FWC had to consider the economic necessity of the provisions and whether they complied with the Fair Work Act's requirements. Additionally, the FWC needed to determine if the agreement was fair and reasonable on its face, taking into account the balance of rights and obligations, the nature of the industry, and the interests of employees and employers.

The FWC found that the provisions in question were genuinely necessary for the business's economic viability and that they were fair and reasonable. The FWC emphasised the importance of considering the overall fairness of the agreement and the context in which it was made. The FWC concluded that the agreement was not unfair or unreasonable on its face and approved the application for registration. The CFMEU's objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established