Construction, Forestry, Mining and Energy Union

[2014] FWCA 5657

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7040)

BUILDUP INTERIOR PTY LTD/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 AUGUST 2014

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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Buildup Interior Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2014-2017. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The central issue was whether the agreement contained provisions that were contrary to public policy or were otherwise invalid under the legislation.

The legal issues the Commission had to decide included whether the agreement contained any terms that were in breach of the Fair Work Act, particularly focusing on provisions that might be seen as promoting or facilitating unprotected industrial action. Additionally, the Commission had to consider whether the agreement was consistent with the broader objectives of the Fair Work Act, including ensuring that employees had a choice about whether or not to be covered by a union-negotiated agreement.

The Commission examined the agreement clause by clause, determining that the provisions did not contravene the Fair Work Act or public policy. It was noted that the agreement did not contain any terms that could be interpreted as facilitating unprotected industrial action. The Commission found that the agreement was consistent with the objectives of the Fair Work Act and did not impose any terms on employees that were against public policy or otherwise invalid. Consequently, the Commission approved the collective agreement.

In light of the findings, the Commission approved the Buildup Interior Pty Ltd/CFMEU Collective Agreement 2014-2017. The agreement was deemed to be valid and enforceable under the Fair Work Act, and it was registered accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established