Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6008

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7012)

ARCHILAND CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 1 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Archiland Contractors 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 parties in this case were Archiland Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), and the dispute involved the approval of a collective agreement for the period 2014-2017. The matter was heard in the Fair Work Commission, which has jurisdiction to approve, modify, or reject enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were primarily focused on whether the agreement met the requirements of section 231 of the Act, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed upon by the parties. Specifically, the Commission had to consider if the agreement complied with the "better off overall test" (BOOT), which requires that employees be no worse off and at least some employees be better off overall under the agreement compared to the applicable award or registered agreement.

The Commission examined the terms of the agreement and the evidence presented by both parties. It considered the economic and non-economic benefits and detriments to employees, as well as the overall fairness of the agreement. The Commission determined that while there were some employees who would be worse off, the majority would be better off overall, and that the agreement was fairly and genuinely negotiated. Consequently, the Commission approved the agreement, finding that it satisfied the statutory requirements.

The Fair Work Commission approved the Archiland Contractors Pty Ltd/CFMEU Collective Agreement 2014-2017, confirming that it met the necessary legal standards under the Fair Work Act. The agreement was deemed to be beneficial for the majority of employees, and the Commission found that it was a genuine and fair agreement between the parties.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established