Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4948

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1658)

BOSS CIVIL AUST PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 24 JULY 2014

Application for approval of the Boss Civil Aust Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Boss Civil Aust 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 has been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes 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 matter involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of a collective agreement entered into with Boss Civil Aust Pty Ltd, governing employment conditions for the period 2014-2017. The application was lodged before the Fair Work Commission (FWC), the industrial relations tribunal of Australia.

The primary legal issues addressed by the Commission were whether the collective agreement complied with the statutory requirements set out in the Fair Work Act 2009, including provisions related to the protection of vulnerable employees, and whether the terms of the agreement were fair and reasonable in all circumstances. The FWC also considered the extent to which the agreement aligned with the principles of good faith bargaining and whether it reflected a fair and balanced outcome for both parties.

In assessing the application, the FWC examined the procedural fairness of the agreement’s formation, the substantive fairness of its terms, and its compliance with the Act. The Commission concluded that the agreement was procedurally valid and had been negotiated in good faith. Regarding substantive fairness, the FWC determined that the agreement provided adequate protections for employees and represented a fair and reasonable outcome, taking into account the specific circumstances of the industry and the parties involved.

The FWC approved the collective agreement, finding it to be consistent with the statutory framework and fair to both the employer and the employees. The decision highlighted the importance of maintaining a balanced approach to industrial relations, ensuring that the rights and interests of all parties are protected while fostering a cooperative workplace environment.

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