Gemwood Installations Pty Ltd Summary

[2013] FWCA 2569

FAIR WORK COMMISSION

DECISION

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

Gemwood Installations Pty Ltd
(AG2013/6151)

GEMWOOD INSTALLATIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 APRIL 2013

Application for approval of the Gemwood Installations 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 Gemwood Installations 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 Gemwood Installations 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 6 May 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

Gemwood Installations Pty Ltd sought approval of the Gemwood Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, an employer, and the respondent, a trade union, had entered into an enterprise agreement which outlined the terms and conditions of employment for workers in the building and construction industry. The dispute was heard in the Fair Work Commission, the body responsible for the approval of enterprise agreements under the Fair Work Act 2009. The key issue before the Commission was whether the agreement complied with the requirements of section 230 of the Fair Work Act, which mandates that enterprise agreements must be free from prohibited content, including content that is otherwise unlawful. The Commission needed to determine if any provisions in the agreement contravened any applicable laws or public policy.

The Commission examined the provisions of the agreement and considered whether any of them imposed restrictions on the freedom of association or the right to strike, which are protected under Australian law. It also evaluated if any clauses in the agreement were contrary to public policy, such as those that could lead to exploitation of workers or undermine the safety standards set by the relevant legislation. After a thorough analysis of the agreement, the Commission found that the agreement did not contain any provisions that were unlawful or against public policy. It concluded that the agreement was compliant with the legal standards required by the Fair Work Act. Consequently, the Commission approved the enterprise agreement, allowing it to take effect as a binding contract between the employer and the employees covered by the agreement.

As the agreement was found to be in compliance with the relevant legal standards, the Fair Work Commission approved the Gemwood Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This decision allowed the agreement to be implemented as a legally binding contract between the employer and the employees, providing them with the terms and conditions of employment as outlined in the agreement. The approval of the enterprise agreement ensures that the parties are bound by the agreed terms, promoting a stable and harmonious working relationship within the building and construction industry.

Gemwood Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established