Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8080

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9708)

AUSTRALASIAN PILING COMPANY / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 NOVEMBER 2014

Application for approval of the Australasian Piling Company / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australasian Piling Company / CFMEU Collective Agreement 2014 (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 (CFMEU) and Australasian Piling Company. 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 20 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the Australasian Piling Company and CFMEU Collective Agreement 2014. This agreement sought to regulate various employment terms and conditions for employees of the Australasian Piling Company. The primary issue for the commission to address was whether the agreement complied with the requirements of the Fair Work Act 2009.

The key legal issues centred on whether the agreement met the criteria for a modern award, including the provisions of section 235 of the Fair Work Act. This required the commission to examine if the agreement included all the essential terms as required by the Act and whether it allowed for the resolution of disputes through the appropriate mechanisms. Additionally, the commission needed to determine if the agreement adhered to the principles of good faith bargaining and whether it provided for the necessary protections and entitlements for employees.

In assessing these issues, the commission considered the submissions made by the parties and the relevant provisions of the Fair Work Act. It was determined that the agreement included all the required essential terms and provided for the resolution of disputes through the appropriate mechanisms. The commission also found that the agreement was the product of good faith bargaining and provided for the necessary protections and entitlements for employees. Consequently, the commission approved the agreement, finding it to be a modern award that complied with the requirements of the Fair Work Act. The union’s application for approval was subsequently granted, and the agreement was registered as a modern award.

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