Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6011

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6985)

TEAMMEMBERS PROJECT PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2014-2017

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

Application for approval of the Teammembers Project Pty Limited/CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Teammembers Project Pty Limited/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 case of Construction, Forestry, Mining and Energy Union, the applicant sought approval for a proposed collective agreement between Teammembers Project Pty Limited and the CFMEU for the period 2014-2017. The application was lodged with the Fair Work Commission, which had the authority to approve the agreement if it met certain criteria under the Fair Work Act 2009. The legal issues at the heart of this matter revolved around whether the proposed agreement complied with the procedural and substantive requirements set forth in the Act, particularly in terms of ensuring that the agreement was made in good faith and provided for the protection of employees' rights.

The Commission meticulously examined the procedural aspects of the agreement, including whether there was genuine bargaining between the parties and whether the agreement was put to a vote of the employees. The Commission also assessed the substantive provisions of the agreement, ensuring that they did not undermine the rights and protections afforded to employees under the Fair Work Act. In its analysis, the Commission considered various factors, such as the nature of the work involved, the bargaining power of the parties, and the overall fairness of the terms proposed in the agreement.

Upon reviewing the evidence and arguments presented, the Commission found that the agreement met the necessary procedural and substantive requirements. The Commission was satisfied that there was genuine bargaining and that the agreement was put to a vote in accordance with the law. Furthermore, the Commission determined that the terms of the agreement were fair and did not adversely affect the employees' rights and protections. Consequently, the Commission approved the proposed collective agreement, recognising that it was made in good faith and provided for the protection of employees' interests.

The Commission's decision was made in accordance with the provisions of the Fair Work Act, and the approval of the collective agreement was duly granted. The parties were directed to implement the approved agreement, which would govern the employment conditions of the employees for the specified period. This decision underscores the importance of ensuring that collective agreements are made through genuine bargaining processes and that they provide for the fair treatment of employees.

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