DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10194)

P.A.L. CONSTRUCTIONS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

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

Application for approval of the P.A.L. Constructions Pty. Ltd. / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe P.A.L. Constructions 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

The applicant, P.A.L. Constructions Pty. Ltd., sought approval of a collective agreement with the Construction, Forestry, Mining and Energy Union. The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the collective agreement complied with the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was fairly negotiated, included provisions that were necessary for the protection of employees and employers, and did not undermine the protective provisions of the Fair Work Act.

The Commission considered various aspects of the agreement, including the process of negotiation, the content of the agreement, and whether it met the criteria for approval. The applicant argued that the agreement was the result of good faith negotiations and contained necessary provisions for the industry. The Union contended that some provisions were unfair and did not meet the statutory standards. After reviewing the evidence and submissions, the Commission found that the agreement was fairly negotiated and contained provisions that were necessary for the industry. However, certain clauses were deemed to be unfair and were struck down. The Commission approved the agreement with modifications, ensuring compliance with the statutory requirements.

The Fair Work Commission approved the collective agreement with modifications, ensuring that it complied with the Fair Work Act. The agreement was found to be fairly negotiated and contained necessary provisions for the industry, but certain unfair clauses were struck down. The modifications made by the Commission were aimed at aligning the agreement with the protective provisions of the Act. This decision underscores the importance of ensuring that collective agreements are both fair and necessary, while also protecting the interests of both employers and employees. The final orders included the approval of the collective agreement with specific amendments to certain provisions to address the issues raised by the Union.

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