S & B Shopfittings Summary

[2013] FWCA 1632

FAIR WORK COMMISSION

DECISION

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

S & B Shopfittings
(AG2013/5524)

S & B SHOPFITTINGS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 MARCH 2013

Application for approval of the S & B Shopfittings 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 S & B Shopfittings 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 S & B Shopfittings. 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 25 March 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

The parties involved in this matter were S & B Shopfittings and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from an application for the approval of the S & B Shopfittings and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction to determine the dispute.

The legal issues before the court were primarily whether the proposed enterprise agreement complied with the relevant legislative provisions and whether it met the requirements for approval under the Fair Work Act 2009. The court had to consider if the agreement was genuinely negotiated and if it provided for fair and reasonable terms and conditions of employment. Additionally, the court needed to assess if the agreement would provide for the proper operation of businesses and if it would lead to improved productivity and economic efficiency.

The court determined that the proposed enterprise agreement was genuinely negotiated and met the necessary criteria for approval. It found that the agreement provided for fair and reasonable terms and conditions of employment and would not have an adverse effect on the proper operation of businesses. The court also concluded that the agreement would lead to improved productivity and economic efficiency. As a result, the court approved the S & B Shopfittings and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

No further orders were made by the court in this matter. The approval of the enterprise agreement would now be implemented in accordance with its terms.

S & B Shopfittings

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established