Construction, Forestry, Mining and Energy Union

[2013] FWCA 25

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14321)

PRECISION INTERIOR WALLS & CEILINGS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 JANUARY 2013

Application for approval of the Precision Interior Walls & Ceilings Pty Ltd and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 December 2012 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”), for the approval of a single-enterprise agreement known as the Precision Interior Walls & Ceilings Pty Ltd and CFMEU Union Collective Agreement 2011-2015 (“the 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 a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve a collective agreement between Precision Interior Walls & Ceilings Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2011 to 2015. The application was made by the CFMEU, and Precision Interior Walls & Ceilings Pty Ltd did not oppose the approval of the agreement. The primary dispute centred on whether the collective agreement met the legal requirements for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while Precision Interior Walls & Ceilings Pty Ltd did not raise any objections.

The key legal issues before the FWC were whether the collective agreement complied with the statutory requirements for approval, including whether it was in the interests of the employees and the employer, and whether it was fair and reasonable. The FWC had to consider whether the agreement provided appropriate terms and conditions for employees, including their wages, hours of work, and other employment-related matters, while also taking into account the interests of the employer. Additionally, the FWC had to ensure that the agreement did not unfairly discriminate against any group of employees and was consistent with the principles of the Fair Work Act.

In rendering its decision, the FWC examined the provisions of the collective agreement and found that it met the statutory requirements for approval. The FWC noted that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for wages, hours of work, and other employment-related matters. The FWC also found that the agreement was in the interests of both the employees and the employer, as it provided for a stable and productive working environment. Furthermore, the FWC was satisfied that the agreement did not unfairly discriminate against any group of employees and was consistent with the principles of the Fair Work Act. Based on these findings, the FWC approved the collective agreement.

The FWC approved the Precision Interior Walls & Ceilings Pty Ltd and CFMEU Union Collective Agreement 2011-2015. The approval was effective from the date of the decision and remained in force until the end of the agreement period, subject to any modifications or terminations as provided for in the agreement. The approval of the agreement by the FWC provided certainty and stability to both the employees and the employer, ensuring that the terms and conditions of employment were fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established