[2013] FWCA 4844 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
The Trustee for Harris HMC Interiors (VIC) Trust T/A Harris HMC Interiors (VIC) Pty Ltd
(AG2013/7547)
HARRIS HMC INTERIORS (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 19 JULY 2013 |
Application for approval of the Harris HMC Interiors (Vic) 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 Harris HMC Interiors (Vic) 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 The Trustee for Harris HMC Interiors (VIC) Trust T/A Harris HMC Interiors (VIC) Pty Ltd. The agreement is a single-enterprise agreement.
[2] 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.
[3] 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.
[4] 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.
[5] The Agreement is approved and, in accordance with s.54, will operate from 26 July 2013. The nominal expiry date of the Agreement is 31 March 2015.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code J, AE402487 PR539109>
- AGLC
- The Trustee for Harris HMC Interiors (VIC) Trust T/A Harris HMC Interiors (VIC) Pty Ltd [2013] FWCA 4844
- Case
- [2013] FWCA 4844
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address involved whether the enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine whether the agreement was a simple, single-enterprise agreement, whether it was made in good faith, and whether it complied with the relevant provisions of the Act. The court also had to consider the process by which the agreement was made, including whether appropriate consultation occurred and if the agreement was properly certified by the Fair Work Commission.
In assessing the application, the court examined the evidence provided by the parties, including the process of agreement formation, the content of the agreement, and the conduct of the parties involved. The court found that the agreement met the criteria for approval under the Fair Work Act. The agreement was determined to be a simple, single-enterprise agreement that was made in good faith and complied with all relevant provisions of the Act. The court also confirmed that the process of agreement formation, including the consultation and certification, was conducted appropriately. Based on these findings, the court approved the enterprise agreement.
The Fair Work Commission approved the Harris HMC Interiors (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, declaring it to be a single, simple enterprise agreement that met the requirements of the Fair Work Act. The approval took effect from the date of the decision and was to be registered with the relevant authorities.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.