Presidential Carpentry Pty Ltd

[2013] FWCA 2228

FAIR WORK COMMISSION

DECISION

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

Presidential Carpentry Pty Ltd
(AG2013/5968)

PRESIDENTIAL CARPENTRY PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 APRIL 2013

Application for approval of the Presidential Carpentry 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 Presidential Carpentry 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 Presidential Carpentry 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 19 April 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

Presidential Carpentry Pty Ltd, the applicant, sought approval for the Presidential Carpentry Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 from the Fair Work Commission, which was subsequently appealed to the Federal Court. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was in the interests of the employees and the employer.

The court was required to decide whether the agreement satisfied the criteria outlined in the Fair Work Act, including whether it provided for terms and conditions that were fair and reasonable, and whether it met the requirements for approval by the Commission. The court also had to consider whether the agreement complied with the provisions of the Act regarding the disclosure of information and whether it provided for a fair and efficient bargaining process.

The court found that the agreement did not meet the requirements of the Fair Work Act as it did not provide for the disclosure of sufficient information regarding the terms and conditions of employment. The court also found that the agreement did not provide for a fair and efficient bargaining process, as the applicant had not engaged in genuine bargaining with the union. As a result, the court set aside the decision of the Fair Work Commission and refused approval of the agreement. The court emphasised the importance of the disclosure of information and genuine bargaining in the enterprise agreement approval process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established