Construction, Forestry, Mining and Energy Union

[2014] FWCA 6120

FAIR WORK COMMISSION

DECISION

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

CMA Contracting Pty Ltd
(AG2014/8632)

CMA CONTRACTING NATIONAL EMPLOYMENT AGREEMENT 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 SEPTEMBER 2014

Application for approval of the CMA Contracting National Employment Agreement 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 August 2014 by CMA Contracting Pty Ltd for the approval of a single-enterprise agreement known as the CMA Contracting National Employment Agreement 2014 - 2017 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of the CMA Contracting National Employment Agreement 2014-2017. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on the extent to which the agreement addressed the needs of the employees and whether it complied with the relevant legislative provisions.

The primary legal issue before the Commission was whether the agreement provided a fair and reasonable framework for the employees' working conditions, and whether it complied with the mandatory criteria set out in the Fair Work Act. This included assessing whether the agreement provided for minimum rates of pay, reasonable notice periods, and other essential terms that were fair and reasonable. The Commission also needed to consider whether the agreement was genuinely negotiated between the parties and whether it met the requirements for approval under the Act.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and appropriate notice periods. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it complied with the statutory requirements. Therefore, the Commission approved the agreement under the Fair Work Act.

The Commission's final order was that the CMA Contracting National Employment Agreement 2014-2017 be approved as a registered agreement under the Fair Work Act 2009. This decision provided clarity for the parties involved and established a fair framework for the employees' working conditions within 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