Construction, Forestry, Mining and Energy Union

[2014] FWCA 3923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1192)

RICHARD CROOKES CONSTRUCTION PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

Application for approval of the Richard Crookes Constructions Pty. Limited / CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Richard Crookes Constructions Pty. Limited / CFMEU Collective Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of a collective agreement between Richard Crookes Constructions Pty. Limited and the Construction, Forestry, Mining and Energy Union (CFME). The applicant, Richard Crookes Constructions, sought the court's approval of the collective agreement which had been negotiated with the union representing their employees. The CFMEU did not oppose the application, but rather submitted observations regarding the fairness and reasonableness of the agreement.

The central legal issue before the court was whether the collective agreement was fair and reasonable in all its terms, in accordance with the requirements of the Fair Work Act 2009. The court was required to assess the agreement against the criteria for fairness and reasonableness set out in the legislation, including whether it provided for a proper balance between the interests of the employer and employees, and whether it complied with relevant minimum standards.

The court found that the collective agreement was fair and reasonable in all its terms. It noted that the agreement had been negotiated in good faith and provided for a proper balance between the interests of the employer and employees. The court was satisfied that the agreement met the requirements of the Fair Work Act and did not contain any terms that were unfair or unreasonable. In particular, the court found that the agreement provided for appropriate minimum wages and conditions, and did not compromise the rights or entitlements of employees.

The court approved the collective agreement, subject to certain modifications to ensure compliance with minimum standards. The final orders of the court required the applicant to make the necessary changes to the agreement and to provide a copy of the approved agreement to the Fair Work Commission. The court's decision provided certainty and clarity for both the employer and employees, and ensured that the agreement met the legal requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established