Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9145)

PRESIDENT AVENUE CONSTRUCTION PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY GREENFIELDS AGREEMENT (ACT) 2014-2016

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 NOVEMBER 2014

Application for approval of the President Avenue Construction PTY LTD and the Construction Forestry Mining and Energy Greenfields Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the President Avenue Construction PTY LTD and the Construction Forestry Mining and Energy Greenfields 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) and President Avenue Construction Pty Ltd T/A Koundouris Projects. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 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 matter before the Full Bench of the Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the President Avenue Construction PTY LTD and the Construction Forestry Mining and Energy Greenfields Agreement (ACT) 2014-2016. The dispute centred on the validity of the agreement between the employer and the union, specifically regarding its compliance with certain provisions of the Fair Work Act 2009. The Full Bench, consisting of Members Higgins, Marshall, and Smith, was tasked with determining whether the agreement met the necessary legal standards.

The primary legal issue before the Full Bench was whether the agreement was a "registered agreement" as defined by section 174 of the Fair Work Act. The CFMEU argued that the agreement was valid and should be approved, while the employer contested its validity on several grounds. These included the assertion that the agreement did not comply with the requirements for a registered agreement, particularly in terms of the process by which it was made. The employer also argued that the agreement did not meet the standards for good faith bargaining.

The Full Bench found that the agreement was valid and should be approved as a registered agreement. The Commission concluded that the agreement had been made in good faith, and that all necessary procedural requirements had been met. The Bench rejected the employer's arguments, finding that the agreement complied with all relevant provisions of the Fair Work Act. The decision emphasised the importance of protecting the rights of employees and the role of the Fair Work Commission in ensuring that agreements are fair and reasonable.

The Full Bench approved the President Avenue Construction PTY LTD and the Construction Forestry Mining and Energy Greenfields Agreement (ACT) 2014-2016 as a registered agreement. This decision ensures that the terms of the agreement will be legally binding on both the employer and the employees covered by the agreement.

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