Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7665

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7674)

AWT BUILDING GROUP (AUST) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 OCTOBER 2014

Application for approval of the AWT Building Group (Aust) Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe AWT Building Group (Aust) 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 have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have 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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the AWT Building Group (Aust) Pty Ltd. The union sought approval of a collective agreement covering the period 2014-2017, which was intended to regulate the terms and conditions of employment for employees in the construction industry. The dispute centred on the fairness and appropriateness of the provisions within the agreement, particularly concerning the rights and obligations of both parties under the Fair Work Act 2009.

The primary legal issues before the Commission involved determining whether the agreement met the 'better-off overall test' as required by section 234 of the Fair Work Act. This test assesses whether employees would be better off overall with the agreement in place compared to their entitlements under the relevant award or the general industrial awards. Additionally, the Commission had to consider whether the agreement contained any unfair terms, which would render it invalid under section 232 of the Act. The scope of bargaining and the adherence to the 'good faith' principle, as stipulated under section 186 of the Act, were also key considerations.

In its reasoning, the Commission examined the contents of the agreement, including wages, penalty rates, and other employment conditions. The Commission found that the agreement provided a range of benefits to employees, such as increased wages and improved conditions, that made them better off overall. The agreement was also deemed to comply with the good faith bargaining requirements, as both parties demonstrated a genuine attempt to reach a fair and equitable agreement. The Commission concluded that the agreement met the statutory criteria and did not contain any unfair terms, thus approving the collective agreement.

The final orders of the Commission were to approve the AWT Building Group (Aust) Pty Ltd / CFMEU Collective Agreement 2014-2017, recognising it as a valid and binding agreement under the Fair Work Act. The agreement was to be registered and enforceable, providing the terms and conditions for the employment of workers in the specified period.

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