DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9703)

PPL ACT & NSW AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014-2016

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 2 DECEMBER 2014

Application for approval of the PPL ACT & NSW and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the PPL ACT & NSW and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 as are relevant to this application for approval have been met.

[3] The CFMEU, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016, under the Public Sector Management Act 1994 (Cth). The Fair Work Commission was required to determine whether the agreement was appropriate for approval under the Act. The CFMEU argued that the agreement should be approved because it complied with the requirements of the Act and was in the interests of the employees and employers.

The Commission considered whether the agreement met the criteria for approval, including whether it promoted harmonious, productive and cooperative workplace relations, and whether it provided for the fair and efficient determination of employees' terms and conditions of employment. The Commission found that the agreement did meet these criteria and was appropriate for approval. The CFMEU's arguments were persuasive, and the Commission was satisfied that the agreement was in the interests of the employees and employers.

The Commission approved the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016, effective from 1 July 2014. The decision was based on the evidence presented and the arguments made by the CFMEU, and the Commission was satisfied that the agreement met the criteria for approval under the Public Sector Management Act 1994 (Cth). The approval of the agreement was in the interests of the employees and employers and would promote harmonious, productive and cooperative workplace relations.

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