Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6417)

MORRIS CONSTRUCTION CORPORATION PTY LTD AND THE CONSTRUCTION FORESTRY MING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 19 JUNE 2014

Application for approval of the Morris Construction Corporation Pty Ltd and the Construction Forestry Ming and Energy Union Collective Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Morris Construction Corporation Pty Ltd and the Construction Forestry Ming and Energy Union Collective Agreement (ACT) 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union. 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, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 26 June 2014. The nominal expiry date of the Agreement is 31 March 2016.

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union lodged an application for the approval of the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016, which was entered into between the union and Morris Construction Corporation Pty Ltd. The agreement, which was made under section 226 of the Fair Work Act 2009, was entered into for the purpose of regulating the terms and conditions of employment for employees of the corporation. The legal issues before the court were whether the agreement was a protected action bargaining agreement and whether the agreement complied with the relevant provisions of the Fair Work Act. The union argued that the agreement was a protected action bargaining agreement and thus entitled to be approved without a vote. The corporation argued that the agreement did not fall within the definition of a protected action bargaining agreement.

The commission found that the agreement was a protected action bargaining agreement and therefore did not require a vote to be approved. The commission found that the agreement contained provisions for enterprise flexibility arrangements and that these provisions met the requirements of the Fair Work Act. The commission found that the agreement was made in good faith and that it did not contain any provisions that would have the effect of undermining the operation of the Fair Work Act. The commission approved the agreement and made it a registered agreement. The corporation and the union were ordered to give each other a copy of the registered agreement.

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