Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7973

The attached document replaces the document previously issued with the above code on 11 November 2014.

The name of the Agreement in the subject line and paragraph 1 of the decision is amended from Indec Pty Ltd / CFMEU Collective Agreement 2014 - 2017 to now read Indec Group Pty Ltd / CFMEU Collective Agreement 2014 - 2017

Mark Evans

Relief Associate to Commissioner Riordan

Dated 11 November 2014

[2014] FWCA 7973

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7889)

INDEC GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 NOVEMBER 2014

Application for approval of the Indec Group Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Indec Group 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 has been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission concerned an application for approval of a collective agreement between the Indec Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2014 to 2017. The primary issue was whether the proposed agreement contained provisions that were contrary to public policy and therefore not eligible for approval under the Fair Work Act 2009. The CFMEU argued that the agreement, which included a clause providing for the dismissal of employees who failed to comply with an instruction to join the union, was necessary to ensure compliance with union membership and did not contravene public policy.

The Full Bench considered the nature and purpose of the clause in question, which was an instruction for employees to join the union within a specified period or face termination. The court examined whether such a clause was contrary to public policy, focusing on whether it interfered with employees' freedom of association and the right to choose whether to join a union. The Full Bench held that the clause in question did contravene public policy, as it imposed an undue burden on employees' freedom of association by requiring them to join the union as a condition of continued employment. This, the court found, was contrary to the public policy of protecting individual rights and freedoms.

The Full Bench dismissed the application for approval of the collective agreement due to the inclusion of the clause mandating union membership. The court's decision was based on the finding that such a clause was contrary to public policy and therefore not eligible for approval under the Fair Work Act. The Full Bench emphasised the importance of protecting employees' freedom of association and the right to choose whether to join a union. The court's decision underscores the principle that collective agreements must not impose conditions that interfere with fundamental individual rights.

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