Construction, Forestry, Mining and Energy Union-Victoria Branch

[2013] FWCA 3977

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2013/6996)

FLOOR SAFETY SERVICES OF AUSTRALASIA PTY LTD T/AS AH DECOR & DESIGN INTERNATIONAL AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JUNE 2013

Application for approval of the Floor Safety Services of Australasia Pty Ltd T/As AH Decor & Design International 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 Floor Safety Services of Australasia Pty Ltd T/As AH Decor & Design International 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 28 June 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 case involved the Construction, Forestry, Mining and Energy Union-Victoria Branch and Floor Safety Services of Australasia Pty Ltd T/As AH Decor & Design International. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard by the Fair Work Commission, Australia's independent statutory body with responsibility for maintaining and developing a fair and productive workplace relations system.

The primary legal issues the court was required to decide included whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it satisfied the genuine agreement test, and if it was fair and reasonable. The court also needed to determine if the agreement had been made in accordance with the process outlined in the Act. Another issue was whether the agreement provided for fair and reasonable terms and conditions, including pay, leave, and other entitlements.

The court's reasoning was based on the provisions of the Fair Work Act 2009, the requirements for genuine agreement, and the criteria for fairness and reasonableness. The court found that the enterprise agreement had been genuinely agreed upon by both parties, as it was entered into voluntarily and without any form of coercion. The agreement was also found to be fair and reasonable, as it provided for adequate pay and conditions, and complied with the relevant provisions of the Act. The court noted that the agreement covered a broad range of employees and employers in the building and construction industry, and it was designed to provide a balanced and equitable outcome for all parties involved. The court was satisfied that the agreement met the requirements of the Act and approved it accordingly.

The final orders of the court were that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to apply to employees who were members of the Construction, Forestry, Mining and Energy Union-Victoria Branch and employers who were members of Floor Safety Services of Australasia Pty Ltd T/As AH Decor & Design International. The agreement was to remain in force until it was terminated, varied, or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established