Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9576)

DELTA PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the Delta Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Delta Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014 (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] TheCFMEU, 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 24 November 2014. The nominal expiry date of the Agreement is 1 August 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Delta Pty Ltd, sought approval for a collective agreement between the company and the Construction, Forestry, Mining and Energy Union (CFMEUC). The dispute was heard in the Fair Work Commission, an Australian industrial relations tribunal. The CFMEUC contested the application, raising issues about the fairness and enforceability of the proposed agreement. The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly focusing on whether it complied with the procedural fairness requirements and was made without any improper purpose. The Commission examined whether the agreement had been negotiated in good faith, was fair, and did not undermine the protections afforded to employees under the Act. In its reasoning, the Commission found that the agreement did not comply with the procedural fairness requirements and had been made with an improper purpose. The Commission concluded that the applicant had not demonstrated that the agreement was negotiated in good faith and that it was fair and reasonable. Consequently, the application for approval was dismissed. The Commission emphasised that collective agreements must be made without any improper purpose and must comply with all statutory requirements to be approved. The Commission did not make any orders as the application was dismissed.

Construction, Forestry, 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