Construction, Forestry, Mining and Energy Union-Construction and General Division Summary

[2013] FWCA 1498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2013/5310)

FOUR SEASONS COMMERCIAL INTERIORS UNIT TRUST T/AS FOUR SEASONS COMMERCIAL INTERIORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 MARCH 2013

Application for approval of the Four Seasons Commercial Interiors Unit Trust T/As Four Seasons Commercial Interiors 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 Four Seasons Commercial Interiors Unit Trust T/As Four Seasons Commercial Interiors 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 19 March 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 the approval of the Four Seasons Commercial Interiors Unit Trust T/As Four Seasons Commercial Interiors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement was in the best interests of the employees and complied with the relevant legislative provisions.

The primary legal issues revolved around the appropriateness of the enterprise agreement's provisions concerning employee entitlements, particularly in relation to overtime and penalty rates. The union argued that the agreement was in the best interests of the employees, while the employer contested certain aspects, asserting they were not in line with industry standards and best practices.

The Commission carefully considered the arguments from both parties and assessed the agreement against the criteria set out in the Fair Work Act. The Commission concluded that, while there were some concerns regarding certain provisions, the overall agreement was in the best interests of the employees. The decision was based on a comprehensive analysis of the bargaining power of the parties, the fairness of the terms, and the public interest considerations. Consequently, the Commission approved the enterprise agreement with minor modifications to address specific issues raised during the hearing.

The final orders included the approval of the enterprise agreement with the specified modifications, ensuring that the terms of the agreement were fair and reasonable for both the employees and the employer. The Commission also directed that the modified agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision.

Construction, Forestry, Mining and Energy Union-Construction and General Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established