Construction, Forestry, Mining and Energy Union

[2014] FWCA 4160

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1388)

CAGE SECURITY GUARD SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2015

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

Application for approval of the Cage Security Guard Services Pty Ltd / CFMEU Collective Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Cage Security Guard Services 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 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and Cage Security Guard Services Pty Ltd, the Fair Work Commission was called upon to approve a proposed collective agreement. The dispute centred around the terms and conditions outlined in the agreement, which was submitted for endorsement by both the union representing the workers and the employer. The Commission's role was to ensure that the agreement met all legal and procedural requirements and that it was fair and reasonable.

The key legal issues that the Commission had to address included whether the agreement was made in accordance with the relevant industrial relations laws, whether it contained provisions that were fair and reasonable, and whether it was consistent with broader public policy objectives. Specifically, the Commission examined the procedural fairness in the negotiation process, the clarity and enforceability of the agreement's terms, and whether the agreement appropriately balanced the interests of both parties.

The Commission found that the negotiation process was conducted fairly and in compliance with the applicable laws. The agreement itself was deemed to be clear, comprehensive, and enforceable. The terms of the agreement were balanced and reasonable, taking into account the specific needs and circumstances of both the union and the employer. The Commission concluded that the proposed collective agreement met all the necessary criteria for approval and did not contravene any public policy considerations.

Accordingly, the Commission approved the Cage Security Guard Services Pty Ltd / CFMEU Collective Agreement 2014-2015. The approval was based on the finding that the agreement was fair, reasonable, and made in compliance with the relevant industrial relations laws. This decision provides a binding framework for the terms and conditions of employment for the relevant period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established