Wren Demolition & Labour Pty Ltd Summary

[2013] FWCA 3864

FAIR WORK COMMISSION

DECISION

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

Wren Demolition & Labour Pty Ltd
(AG2013/6952)

WREN DEMOLITION & LABOUR PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Wren Demolition & Labour Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Wren Demolition & Labour Pty Ltd and the CFMEU Demolition 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 Wren Demolition & Labour 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 25 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Wren Demolition & Labour Pty Ltd sought approval for a proposed enterprise agreement from the Fair Work Commission (FWC). The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) was a party to the agreement. The dispute centred on whether the proposed agreement complied with the relevant statutory requirements for enterprise agreements, particularly concerning the coverage and operation of the agreement. The FWC, presided over by Deputy President G Rice, was tasked with determining this matter.

The primary legal issues involved the interpretation and application of sections of the Fair Work Act 2009. The court had to consider whether the agreement was a "single-enterprise agreement" as defined in the Act, and if the agreement appropriately specified the covered employees and the bargaining unit. The court also needed to assess whether the agreement complied with the procedural requirements for enterprise agreements, such as the negotiation process and the provisions concerning the right to apply for registration.

The FWC concluded that the proposed agreement was indeed a single-enterprise agreement and met all statutory requirements for approval. The agreement was found to specify the bargaining unit and the employees covered by the agreement, and the negotiation process was deemed compliant with the Act. The court noted that the agreement contained all necessary provisions and was appropriately structured to meet the legal criteria for registration. Consequently, the FWC approved the agreement and ordered its registration.

The final orders of the FWC were that the proposed enterprise agreement between Wren Demolition & Labour Pty Ltd and the CFMEU be approved and registered under the Fair Work Act 2009. This decision confirmed the validity and enforceability of the agreement between the parties involved.

Wren Demolition & Labour Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established