Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5887)

RICK THORNE CONSTRUCTIONS 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, 19 MAY 2014

Application for approval of the Rick Thorne Constructions 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 Rick Thorne Constructions 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 26 May 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 applicant, Rick Thorne Constructions Pty Ltd, sought approval for a collective agreement entered into with the Construction, Forestry, Mining and Energy Union. The dispute was heard by the Australian Industrial Relations Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith, whether it was in the interests of the employees, and whether it complied with the relevant provisions of the Fair Work Act.

The Commission examined the process by which the agreement was reached and found that it was made in good faith, as both parties engaged in genuine negotiations and reached a consensus on the terms. The Commission also determined that the agreement was in the interests of the employees, as it provided for fair wages and conditions, and included provisions for dispute resolution and employee representation. The Commission noted that the agreement complied with the Fair Work Act, as it did not contravene any minimum entitlements or other relevant provisions.

In light of the above findings, the Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act. The decision was made in the interests of promoting fair and productive workplace relations, and ensuring that employees are treated fairly and equitably. The approval of the agreement will now allow the parties to proceed with the implementation of its terms, and provide a framework for their future industrial relations.

The final orders of the Commission were that the Rick Thorne Constructions Pty Ltd / Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016 be approved as a registered agreement under section 178 of the Fair Work Act. The agreement will now be subject to the provisions of the Act, including the requirement for the parties to notify each other of any changes to the terms of 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