Interface Constructions Pty Ltd Summary

[2013] FWCA 159

FAIR WORK COMMISSION

DECISION

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

Interface Constructions Pty Ltd
(AG2012/14469)

INTERFACE CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Interface Constructions 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 Interface Constructions 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 Interface Constructions 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 16 January 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

Interface Constructions Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the legal standards for certification and registration, including whether it had been fairly negotiated and contained the necessary provisions regarding minimum entitlements. The central issue was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement was genuinely negotiated, contained provisions for minimum entitlements, and was consistent with the overall framework of Australian labour law.

The Commission found that the agreement was not fairly negotiated as the union had not genuinely attempted to negotiate the terms of the agreement. The evidence showed that the union had failed to engage in meaningful discussions and had instead imposed terms unilaterally. Additionally, the agreement did not include all the required minimum entitlements as stipulated by the Fair Work Act. The Commission concluded that these deficiencies rendered the agreement invalid under the legislation. As a result, the application for approval was dismissed. The Commission ordered that the agreement be returned to the parties for renegotiation and resubmission, ensuring that all legal requirements were met.

Interface Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established