Semco Surfaces T/A Alternative Surfaces

[2014] FWCA 3541

FAIR WORK COMMISSION

DECISION

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

Semco Surfaces T/A Alternative Surfaces
(AG2014/1202)

FTAA ENTERPRISE AGREEMENT 2011-2015 BETWEEN SEMCO SURFACES TRADING ALTERNATIVE SURFACES AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 MAY 2014

Application for approval of the FTAA Enterprise Agreement 2011-2015 between Semco Surfaces trading Alternative Surfaces and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the FTAA Enterprise Agreement 2011-2015 between Semco Surfaces trading Alternative Surfaces and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Semco Surfaces T/A Alternative Surfaces. 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 4 June 2014. 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

Semco Surfaces trading as Alternative Surfaces applied to the Fair Work Commission for the approval of an enterprise agreement between itself and the Construction, Forestry, Mining and Energy Union. The application arose following the parties' negotiations in the context of an industrial dispute, and the subsequent referral of the dispute to the Fair Work Commission. The legal issues before the Commission included whether the proposed agreement contained a valid dispute resolution clause and whether the agreement was in the best interests of the employees. The Commission found that the dispute resolution clause was valid, as it complied with the requirements of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome in the context of the industrial dispute. The application was approved, and the agreement was registered on the Register of Approved Enterprise Agreements. The parties are now bound by the terms of the agreement, and any future disputes must be resolved in accordance with the dispute resolution clause.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established