Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4143

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1381)

LITHIUM BRICKLAYING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2014-2015

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

Application for approval of the Lithium Bricklaying Pty. Ltd. / CFMEU Collective Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Lithium Bricklaying Pty. Ltd. / CFMEU Collective Agreement 2014-2015 (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 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, Lithium Bricklaying Pty. Ltd. applied to the Fair Work Commission for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU contested the application, raising concerns about the agreement's provisions and compliance with the relevant legislative framework.

The primary legal issue before the court was whether the collective agreement between the parties complied with the Fair Work Act 2009. The CFMEU argued that the agreement contained provisions that were not consistent with the Act, particularly regarding the classification and remuneration of certain employees. The court needed to determine if the agreement met the statutory requirements and was fair and reasonable in its terms.

The Fair Work Commission found that while most of the agreement complied with the legislative requirements, certain provisions did not. The court noted that the agreement contained clauses that went beyond the scope of what was permissible under the Act. However, the court also acknowledged the parties' efforts to negotiate and reach a mutually beneficial agreement. After considering the arguments and evidence presented, the court approved the agreement with some modifications to ensure compliance with the Act.

The final orders of the court included the approval of the collective agreement with modifications to specific clauses. The court mandated that the parties review and amend the contentious provisions to align with the Fair Work Act. The court also ordered that the agreement would come into effect on the date of the decision, subject to the modifications.

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