Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3669

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1160)

ADCO CONSTRUCTIONS/CONSTRUCTION FORESTRY MINING ENERGY UNION 2014-2017 COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 JUNE 2014

Application for approval of the ADCO Constructions/Construction Forestry Mining Energy Union 2014-2017 Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known asthe ADCO Constructions/Construction Forestry Mining Energy Union 2014-2017 Collective Agreement (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 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a proposed industrial instrument. The applicant union, representing workers in various industries, negotiated a collective agreement with ADCO Constructions. The proposed agreement sought to govern the terms and conditions of employment for the workers, including wages, hours of work, and other employment-related matters.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees it covered, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement complied with any relevant laws and whether it provided for appropriate dispute resolution mechanisms.

In delivering its decision, the Commission found that the proposed agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a range of protections for employees, including provisions for minimum wages, penalty rates, and leave entitlements. The Commission also found that the agreement complied with all relevant laws and provided for appropriate dispute resolution mechanisms. Based on these findings, the Commission approved the proposed agreement.

The Commission made an order approving the ADCO Constructions/Construction Forestry Mining Energy Union 2014-2017 Collective Agreement. The approved agreement will now govern the terms and conditions of employment for the workers covered by the 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