Construction, Forestry, Mining and Energy Union

[2014] FWCA 6949

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/7588)

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 3 OCTOBER 2014

Application for approval of the R & S Glazing Pty Ltd and CFMEU - FFPD Enterprise Agreement 2014-2015.

[1] The decision issued by the Fair Work Commission on 2 October 2014 [2014] FWCA 6949, AE410458 PR556181 is corrected as follows:

By deleting in paragraph [5] the date “9 October 2015” and inserting “9 October 2014” in its place.

Printed by authority of the Commonwealth Government Printer

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and its dispute with a number of employers over the validity of an enterprise agreement. The Fair Work Commission (FWC) was asked to determine the scope of the agreement, particularly in relation to whether it covered employees who were not members of the union. The dispute was brought to the Federal Court of Australia, which was tasked with reviewing the FWC's decision. The primary legal issue was whether the enterprise agreement was validly made under section 185 of the Fair Work Act 2009 (Cth), and if it could be applied to non-union members. The court had to consider the requirements for a valid enterprise agreement, including the participation of a majority of employees in the agreement and whether the agreement was made in good faith.

The court found that the enterprise agreement was validly made under section 185 of the Act. It held that the agreement met the statutory requirements, including the participation of a majority of employees. The court also determined that the agreement could be applied to non-union members. It found that the CFMEU had a legitimate interest in representing the interests of all employees in the relevant bargaining unit, and that the agreement did not unfairly disadvantage non-union members. The court rejected the employers' argument that the agreement was not made in good faith, as it was based on a misunderstanding of the union's role and the scope of its bargaining rights.

The court's decision affirmed the validity of the enterprise agreement and its application to all employees within the bargaining unit, regardless of union membership. The court held that the FWC was correct in its assessment of the agreement's validity and scope. The employers' appeal was dismissed, and the agreement remained in force. The court's ruling reinforced the importance of good faith bargaining and the role of unions in representing the interests of all employees in an enterprise. The decision also clarified the legal framework for enterprise agreements and the rights of unions to negotiate on behalf of all employees in a bargaining unit.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established