Superior Rendering Pty Ltd

[2013] FWCA 3856

FAIR WORK COMMISSION

DECISION

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

Superior Rendering Pty Ltd
(AG2013/6838)

SUPERIOR RENDERING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Superior Rendering 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 Superior Rendering 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 Superior Rendering 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 June 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 Fair Work Commission (FWC) heard an application from Superior Rendering Pty Ltd, a meat processing company, to approve the Superior Rendering Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Australian Council of Trade Unions (ACTU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009 (Cth). The primary legal issue before the FWC was whether the agreement provided for the compulsory resolution of all genuine disputes between the parties, as required by section 231(2)(a) of the Act. Additionally, the FWC had to determine if the agreement was in the best interests of the employees, as mandated by section 231(2)(b) of the Act.

In examining the agreement, the FWC considered whether the dispute resolution provisions were sufficiently comprehensive to cover all genuine disputes that might arise between the parties. The FWC noted that the agreement provided for a multi-step dispute resolution process, which included internal negotiation, mediation, and, if necessary, arbitration. The FWC also assessed whether the agreement contained clear and unambiguous language that ensured all genuine disputes would be resolved through the prescribed process. Furthermore, the FWC evaluated whether the agreement's provisions were fair and reasonable, taking into account the needs of both the employer and the employees. The FWC found that the agreement's dispute resolution provisions were sufficiently comprehensive and provided for the compulsory resolution of all genuine disputes. The FWC also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

The FWC approved the agreement, finding that it met the requirements of the Fair Work Act. The FWC noted that the agreement provided for a comprehensive dispute resolution process, which was in the best interests of the employees. The FWC also found that the agreement's provisions were fair and reasonable, taking into account the needs of both the employer and the employees. The final orders of the FWC included the approval of the agreement, which would now be binding on all parties. The FWC's decision highlights the importance of ensuring that enterprise agreements provide for the compulsory resolution of all genuine disputes and are in the best interests of the employees. The FWC's decision also demonstrates the importance of clear and unambiguous language in enterprise agreements to ensure that all genuine disputes are resolved through the prescribed process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established