Evolution Surfaces Pty Ltd

[2013] FWCA 1031

FAIR WORK COMMISSION

DECISION

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

Evolution Surfaces Pty Ltd
(AG2013/261)

EVOLUTION SURFACES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 14 FEBRUARY 2013

Application for approval of the Evolution Surfaces 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 Evolution Surfaces 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 Evolution Surfaces Pty Ltd. 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 Construction, Forestry, Mining and Energy Union 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 21 February 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

Evolution Surfaces Pty Ltd applied to the Fair Work Commission for the approval of the Evolution Surfaces Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant was a small business employer within the building and construction industry, and the respondent was a registered trade union. The dispute arose as the parties could not reach an agreement on certain aspects of the proposed enterprise agreement. The matter was heard by the Fair Work Commission in Australia.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and if it met the requirements for approval under the Fair Work (Building and Construction) Act 2012. The Commission had to consider whether the agreement provided for a fair and efficient workplace, whether it contained terms and conditions that were reasonable and necessary for the industry, and if it provided for appropriate dispute resolution mechanisms. Additionally, the Commission needed to determine if the agreement met the requirements for registration as a greenfields agreement.

After careful consideration of the evidence and submissions from both parties, the Commission found that the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Building and Construction) Act 2012. The Commission was satisfied that the agreement provided for a fair and efficient workplace, contained reasonable and necessary terms and conditions for the industry, and included appropriate dispute resolution mechanisms. Furthermore, the Commission determined that the agreement met the requirements for registration as a greenfields agreement. Consequently, the Commission approved the Evolution Surfaces Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The Fair Work Commission approved the Evolution Surfaces Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The approval was subject to the terms and conditions set out in the agreement, which now governed the employment relationship between the applicant and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established