Construction, Forestry, Mining and Energy Union

[2014] FWCA 6635

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7242)

BRIGHT CONSTRUCTION GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Bright Construction 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 have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish 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

In the matter of an application for approval of the Bright Construction Group Pty Ltd and Construction, Forestry, Mining and Energy Union Collective Agreement 2014-2017, the Fair Work Commission was called upon to decide whether the agreement met the requisite standards for approval. The dispute arose between Bright Construction Group Pty Ltd and the Construction, Forestry, Mining and Energy Union, the latter representing its employees in negotiations for the collective agreement. The Commission had to determine if the agreement adhered to the necessary legal and procedural requirements set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement complied with the provisions of the Fair Work Act, specifically sections concerning the process for approval and the content of the agreement. The Commission examined whether the agreement was genuinely negotiated between the employer and the union, whether it met the good faith bargaining requirements, and if it included all the mandatory terms and conditions as required by law. Additionally, the Commission assessed if the union had appropriately represented its members and if the agreement contained any terms that might be considered unfair.

After thorough examination, the Fair Work Commission concluded that the agreement was genuinely negotiated and met the requirements of good faith bargaining. The Commission found that the agreement included all the mandatory terms and conditions as required by the Fair Work Act and that the union had adequately represented its members. The Commission also determined that none of the terms were unfair or unreasonable. Therefore, the Commission approved the collective agreement, recognising it as meeting the necessary standards for endorsement.

The Fair Work Commission approved the Bright Construction Group Pty Ltd and Construction, Forestry, Mining and Energy Union Collective Agreement 2014-2017. The decision confirmed that the agreement was genuinely negotiated, met all legal requirements, and did not contain any unfair terms. This approval ensures that the agreement can be implemented and will govern the employment conditions of the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established