DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8431)

A K & D PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the A K & D Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe A K & D Pty Ltd / CFMEU Collective Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the A K & D Pty Ltd / CFMEU Collective Agreement 2014-2017. The application was brought by the union on behalf of its members employed by A K & D Pty Ltd. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters, as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the collective agreement complied with the requirements of the Fair Work Act, particularly in terms of being free from prohibited content and meeting the standard requirements for a modern award. The Commission had to consider if the agreement was consistent with the principles of the Fair Work Act, including ensuring fair and equitable treatment of employees, and whether it provided for a fair and efficient workplace. The union argued that the agreement was necessary to address specific issues affecting its members, while A K & D Pty Ltd raised concerns about certain provisions.

The Commission found that the proposed agreement largely complied with the requirements of the Fair Work Act. It noted that while some provisions were beyond the scope of a certified agreement, these did not detract from the overall fairness and efficiency of the agreement. The Commission approved the agreement, taking into account the need to address specific issues affecting the employees, while also ensuring that the agreement was consistent with the broader objectives of the Fair Work Act. The decision highlighted the importance of collective bargaining in achieving fair and equitable outcomes for employees.

The final orders of the Commission included the approval of the A K & D Pty Ltd / CFMEU Collective Agreement 2014-2017, subject to certain conditions and modifications to address the concerns raised by A K & D Pty Ltd. The agreement was certified for a period of three years, effective from the date of the decision. The Commission's decision underscored the importance of balancing the rights of employers and employees in the context of collective bargaining.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established