Construction, Forestry, Mining and Energy Union

[2014] FWCA 3850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6290)

FUGEN BRICKLAYING PTY LTD / EMPLOYEES AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 11 JUNE 2014

Application for approval of the Fugen Bricklaying Pty Ltd / Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Fugen Bricklaying Pty Ltd / Employees and the Construction, Forestry, Mining 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 18 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of a collective agreement between Fugen Bricklaying Pty Ltd and its employees, with the case being heard in the Fair Work Commission. The union argued the agreement was appropriate and fair, while Fugen Bricklaying Pty Ltd contested the validity and fairness of the agreement, asserting it did not meet the necessary criteria under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement complied with the statutory requirements and was fair and reasonable. The court needed to determine if the agreement was made in good faith, covered appropriate matters, and did not include any unfair content. It was also necessary to consider whether the agreement was procedurally sound, with proper consultation and negotiation between the parties.

The court assessed the agreement's content, process, and fairness. It found that the agreement was negotiated in good faith and covered appropriate matters. The court also determined that the agreement was procedurally sound, with adequate consultation and negotiation between the parties. However, the court identified some clauses that were deemed unfair and not compliant with the Fair Work Act 2009. Ultimately, the court approved the agreement with some modifications to address the identified unfair clauses.

The Fair Work Commission approved the collective agreement with modifications to certain clauses, ensuring compliance with the Fair Work Act 2009. The modifications included removing or amending the clauses deemed unfair, ensuring the agreement met the necessary statutory requirements and was fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established