Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5334

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6898)

DENHAM CONSTRUCTION PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014-2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 AUGUST 2014

Application for approval of the Denham Construction Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Denham Construction Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016 (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 ACT Branch (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] Construction, Forestry, Mining and Energy Union ACT Branch (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 1 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union and Denham Construction Pty Ltd, where the union sought approval for their collective agreement covering the period from 2014 to 2016. The Fair Work Commission was the court that heard the application. The legal issues before the court centred on whether the terms of the collective agreement met the statutory requirements set out in the Fair Work Act 2009 and if the agreement was in the best interests of the employees and the employer.

The court evaluated the application against the criteria for approval of a collective agreement. It considered if the agreement contained essential terms, if it was made in good faith, and if it met the criteria for being in the best interests of the employees and the employer. The court also examined if the agreement complied with the relevant provisions of the Fair Work Act. After a detailed analysis, the court determined that the agreement satisfied the statutory requirements and was in the best interests of both parties involved.

The Fair Work Commission approved the Denham Construction Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016, finding that the agreement met the necessary legislative criteria and was beneficial for both the employees and the employer. The decision was made on the basis that the agreement contained the required essential terms and was made in good faith, and it was determined to be in the best interests of the parties. The court's approval of the collective agreement will govern the employment conditions between Denham Construction Pty Ltd and the Construction Forestry Mining and Energy Union for the specified period.

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