Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 110

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14229)

RANART PTY LTD T/AS DECOROLL DECOAT 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 Ranart Pty Ltd T/As Decoroll Decoat 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 Ranart Pty Ltd T/As Decoroll Decoat 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 before the Fair Work Commission involved an application for approval of the Ranart Pty Ltd T/As Decoroll Decoat and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose when the applicant company sought approval for the enterprise agreement from the Fair Work Commission, which governs the terms and conditions of employment in Australia. The primary issue was whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues central to the case included whether the agreement contained all the required terms as mandated by the Fair Work Act, and if it adhered to the provisions regarding the bargaining process. Specifically, the Commission had to determine if the agreement was genuinely negotiated, if it complied with the "better off overall test," and if it included all the mandated terms as per the Act. The bargaining process itself was also under scrutiny, to ensure that it was conducted in good faith and without coercion.

The Fair Work Commission examined the evidence presented regarding the negotiation process and found it to be conducted in good faith. The Commission concluded that the agreement met all the statutory requirements and satisfied the better off overall test, ensuring that employees were not disadvantaged by the terms of the agreement. The Commission also verified that the agreement included all the mandated terms and was not deficient in any way. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The final order of the Commission was the approval of the Ranart Pty Ltd T/As Decoroll Decoat and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. This decision was made based on the findings that the agreement was genuinely negotiated, complied with the legal requirements, and was beneficial to the employees. The approval was effective from the date of the decision, and the enterprise agreement was to be implemented as negotiated.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established