Construction, Forestry, Mining and Energy Union

[2014] FWCA 4908

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1660)

FORM DK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2014

Application for approval of the Form DK Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Form DK 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Form DK Pty Ltd for the period 2014-2017. The application was brought before the Fair Work Commission, a specialist Australian tribunal responsible for regulating workplace relations and ensuring compliance with the Fair Work Act 2009. The dispute centred around the fairness and compliance of the terms and conditions outlined in the proposed agreement.

The primary legal issue before the Commission was whether the terms of the agreement were consistent with the requirements of the Fair Work Act, particularly in relation to the provisions for minimum wages, penalty rates, and other employment standards. The Commission also had to consider if the agreement provided for fair and reasonable terms and conditions that were not detrimental to the employees involved.

The Commission examined the agreement in detail, assessing each clause against the statutory requirements and relevant industrial instruments. It found that the agreement provided for wages and conditions that were not inferior to those provided by applicable awards or registered agreements, and that it complied with the legislative standards. The Commission was satisfied that the agreement was made in good faith and was fair and reasonable, thus approving the application for the collective agreement.

The Fair Work Commission approved the Form DK Pty Ltd / CFMEU Collective Agreement for the period 2014-2017, subject to the terms and conditions set out in the agreement. The decision was made on the basis that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established