Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 7453

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6671)

Parkview Constructions Pty. Limited / CFMEU Collective Agreement 2018-June 2019

Building, metal and civil construction industries
Commissioner Johns	MELBOURNE, 6 DECEMBER 2018

Application for approval of the Parkview Constructions Pty. Limited / CFMEU Collective Agreement 2018 - June 2019.

An application has been made for approval of an enterprise agreement known as the Parkview Constructions Pty. Limited / CFMEU Collective Agreement 2018 - June 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2018. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Parkview Constructions Pty. Limited, with the central dispute centering on the approval of a collective agreement between the two parties for the period June 2018 to June 2019. The Commission was tasked with determining whether the collective agreement met the requirements of the Fair Work Act 2009. The CFMEU sought approval of the agreement, while Parkview Constructions contested certain provisions.

The legal issues before the Commission included whether the collective agreement complied with the statutory provisions of the Fair Work Act, particularly regarding the avoidance of undue hardship on the employer and the fairness of the terms and conditions. The Commission had to assess whether the agreement, as proposed by the CFMEU, was reasonable and fair to both parties and did not impose an undue burden on the employer. Additionally, the Commission considered whether the agreement adequately protected the employees' rights and interests.

In delivering its decision, the Fair Work Commission carefully examined the terms of the proposed agreement. The Commission found that while the agreement contained provisions that were beneficial to the employees, certain clauses imposed an undue financial burden on the employer. The Commission emphasised the need for a balance between the rights of employees and the operational capacity of the employer. After considering the evidence and submissions from both parties, the Commission determined that the agreement, as proposed, did not meet the criteria for approval under the Fair Work Act. Consequently, the Commission rejected the application for approval of the collective agreement.

The Fair Work Commission's final order was that the collective agreement proposed by the CFMEU and Parkview Constructions Pty. Limited for the specified period was not approved. The Commission's decision highlighted the importance of maintaining a fair and balanced approach in collective bargaining agreements, ensuring that the rights and interests of both employees and employers are adequately protected.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established