Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 89

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/13142)

SKINNER COMMERCIAL CARPET SERVICE PTY LTD AND CFMEU (FFTS BRANCH) ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 7 JANUARY 2013

Application for approval of the Skinner Commercial Carpet Service Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Skinner Commercial Carpet Service Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2012 (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 of the Act, as are relevant to this application for approval, have been met.

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the Skinner Commercial Carpet Service Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2012. The applicant union, the Construction, Forestry, Mining and Energy Union (CFMEU), sought to have the enterprise agreement approved by the Fair Work Commission. The dispute arose from the terms of the agreement, which were being contested by the respondent company, Skinner Commercial Carpet Service Pty Ltd. The Fair Work Commission was the court that heard the case.

The primary legal issue before the court was whether the terms of the enterprise agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement complied with the 'better off overall test', which ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The court also needed to determine if the agreement had been genuinely negotiated and if it met the procedural requirements for approval.

The Fair Work Commission examined the evidence presented by both parties and considered the terms of the enterprise agreement. The Commission found that the agreement was genuinely negotiated and met the procedural requirements for approval. The 'better off overall test' was also satisfied, as the new agreement provided employees with improved conditions and benefits. Consequently, the Commission approved the Skinner Commercial Carpet Service Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2012. The court's decision was based on a comprehensive analysis of the agreement's terms and the evidence provided by both parties, ensuring that the agreement was fair and met all legal requirements.

The Fair Work Commission ordered the approval of the Skinner Commercial Carpet Service Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2012. This decision confirmed the agreement's validity and enforceability, allowing it to be implemented as the new set of employment conditions for the employees covered by the agreement. The approval signified the Commission's determination that the agreement was fair and met all necessary legal standards.

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