Stag Shopfitting Pty Ltd Summary

[2013] FWCA 3238

FAIR WORK COMMISSION

DECISION

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

Stag Shopfitting Pty Ltd
(AG2013/6492)

STAG SHOPFITTINGS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 MAY 2013

Application for approval of the Stag Shopfittings 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 Stag Shopfittings 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 Stagg Shopfitting 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 30 May 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

Stag Shopfitting Pty Ltd applied to the Fair Work Commission for approval of the Stag Shopfittings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made by the employer, Stag Shopfitting, and the Construction, Forestry, Mining and Energy Union (CFMEU). The nature of the dispute involved the terms of the proposed enterprise agreement, which aimed to regulate employment conditions within the building and construction industry.

The legal issues before the court required the Fair Work Commission to determine whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and efficient workplace relations, including matters such as minimum wages, hours of work, leave entitlements, and dispute resolution mechanisms. Additionally, the court had to ensure the agreement did not unfairly disadvantage any party and complied with the relevant provisions of the Act.

The Fair Work Commission carefully examined the proposed terms and conditions outlined in the enterprise agreement. The Commission found that the agreement provided for fair and efficient workplace relations, met the statutory requirements, and did not unfairly disadvantage any party. Consequently, the Commission approved the Stag Shopfittings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court found that the agreement adequately addressed the needs of both employers and employees within the industry, ensuring a balanced approach to workplace relations.

The Fair Work Commission's decision to approve the enterprise agreement was based on its comprehensive review of the proposed terms and its compliance with the Fair Work Act 2009. The court's approval of the agreement facilitated a fair and efficient working environment, promoting harmonious industrial relations between Stag Shopfitting and the CFMEU.

Stag Shopfitting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established