Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6372

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8894)

PACIFIC HIRE MANSFIELD PTY LTD AND THE CFMEU RIVERINA AND MURRAY REGIONAL AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the Pacific Hire Mansfield Pty Ltd and the CFMEU Riverina and Murray Regional Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Hire Mansfield Pty Ltd and the CFMEU Riverina and Murray Regional Agreement 2011-2015 (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 (CFMEU). The agreement is a single-enterprise agreement.

[2] In my view, the Consultation Mechanisms provision in clause 8 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[6] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 19 September 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Pacific Hire Mansfield Pty Ltd. The dispute centred on the application for approval of the CFMEU Riverina and Murray Regional Agreement 2011-2015. The Fair Work Commission was the court tasked with deciding this matter. The Commission had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act, and whether it was in the best interests of the employees covered by the agreement. The Commission needed to consider whether the agreement adequately protected the rights and interests of employees and whether it facilitated a productive workplace. Additionally, the Commission had to examine whether the agreement included proper dispute resolution mechanisms and whether it was negotiated in good faith.

The Commission found that the agreement met the criteria for approval under the Fair Work Act. It determined that the agreement was in the best interests of the employees and provided adequate protection for their rights and interests. The Commission noted that the agreement contained provisions for dispute resolution, and it was satisfied that the agreement had been negotiated in good faith. The Commission concluded that the agreement facilitated a productive workplace and was fair and reasonable.

The Fair Work Commission approved the CFMEU Riverina and Murray Regional Agreement 2011-2015. The Commission's decision was based on its finding that the agreement met the criteria for approval under the Fair Work Act, and that it was in the best interests of the employees. The approval of the agreement allowed for the continued operation of the agreement, ensuring that the terms and conditions of employment for the employees covered by the agreement were protected.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

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Background to the litigation

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