Construction, Forestry, Mining and Energy Union

[2014] FWCA 4815

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1662)

CALCONO PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Calcono 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 (CFMEU) (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 CEFMEU 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 matter before the Fair Work Commission involved an application for approval of the collective agreement between Calcono Pty Limited and the Construction, Forestry, Mining and Energy Union for the period 2014-2017. The dispute centred on the terms and conditions set out in the agreement, with the union arguing that the agreement was fair and reasonable, while the employer contended that certain provisions were overly burdensome and not reflective of the commercial realities of the industry. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly the provisions relating to good faith bargaining and the necessity to ensure that the agreement was fair and reasonable. The Commission also needed to consider whether the agreement provided for a fair and efficient workplace and whether it met the requirements for employee representation and protection. Additionally, the Commission had to assess whether the agreement adequately balanced the interests of the employer and employees, ensuring that it did not place an undue burden on the employer.

In reaching its decision, the Commission examined the terms of the agreement in detail, considering the nature of the industry, the economic context, and the specific provisions of the agreement. The Commission found that while the union had made a good faith effort to negotiate the agreement, certain provisions were overly restrictive and placed an undue burden on the employer. The Commission also noted that while the agreement provided for fair and efficient workplaces, some of the provisions were not in line with the requirements of the Act. After making the necessary adjustments to the agreement, the Commission concluded that the agreement was fair and reasonable, meeting the statutory requirements. Consequently, the Commission approved the agreement with the specified modifications.

The final order of the Commission was that the Calcono Pty Limited/CFMEU Collective Agreement 2014-2017 be approved with certain amendments to ensure compliance with the Fair Work Act. The modifications included changes to the provisions relating to employee representation and certain operational requirements to balance the interests of both parties. This decision provided a framework for the agreement to be implemented, ensuring that it met the necessary legal standards while also taking into account the specific circumstances of the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established