Construction, Forestry, Mining and Energy Union

[2014] FWCA 6478

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7218)

TRULOGIC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Trulogic 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Trulogic Pty Ltd. The agreement covered the period from 2014 to 2017 and included provisions on wages, working conditions, and dispute resolution mechanisms. The application was contested by the employer, who argued that certain provisions of the agreement were not fair and reasonable.

The key legal issues before the court were whether the provisions of the collective agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act. The court had to consider the nature of the agreement, the bargaining positions of the parties, and the impact of the agreement on employees and the employer.

The court found that the agreement was fair and reasonable, taking into account the bargaining positions of the parties and the nature of the agreement. The court noted that the agreement provided for a transparent and accessible dispute resolution process, and that the wage provisions were in line with industry standards. The court also found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse impact on the employer's ability to operate a business.

The court approved the collective agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act. The modifications related to the dispute resolution process and the calculation of penalty rates for certain types of work. The employer was given the opportunity to make submissions on the modifications before the court issued its final decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established