Innovative Office Fitouts Pty Ltd Summary

[2013] FWCA 6225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovative Office Fitouts Pty Ltd
(AG2013/8596)

INNOVATIVE OFFICE FITOUTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the Innovative Office Fitouts 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 Innovative Office Fitouts 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 Innovative Office Fitouts 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 September 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

Innovative Office Fitouts Pty Ltd applied to the Fair Work Commission for approval of the Innovative Office Fitouts Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under section 235 of the Fair Work Act 2009. The Australian Building and Construction Commission opposed the application.

The legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement. The Commission had to consider whether the agreement contained only matters that could be the subject of an enterprise agreement and whether it complied with the provisions of the Act relating to the registration and operation of enterprise agreements.

The Fair Work Commission found that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The Commission held that the agreement contained a term that was not capable of being the subject of an enterprise agreement, and that it did not comply with the provisions of the Act relating to the registration and operation of enterprise agreements. The Commission also found that the agreement was not in the best interests of the employees covered by the agreement. The Commission therefore refused to approve the agreement.

The Fair Work Commission made an order refusing to approve the Innovative Office Fitouts Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission also ordered that the application fees paid by the applicant be refunded.

Innovative Office Fitouts Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established