Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1061)

SEVCO COMMERCIAL PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 13 MAY 2014

Application for approval of the Sevco Commercial Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Sevco Commercial Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013 (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 (CFMEU).

[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 CFMEU, being the 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 20 May 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Sevco Commercial Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement which had been negotiated between the union and the employer. The primary dispute centred on the enforceability and appropriateness of certain provisions within the agreement that the employer argued were not consistent with the requirements of the Fair Work Act 2009.

The key legal issues addressed by the commission included whether the enterprise agreement met the criteria for registration under the Fair Work Act, particularly in relation to the provisions concerning redundancy payments and the classification of employees. The employer contested several clauses, asserting they did not align with statutory provisions and were potentially unfair or unlawful. The union, on the other hand, argued that the agreement was fair and consistent with the legislative framework governing industrial relations.

In its decision, the Fair Work Commission meticulously examined each contested clause, assessing their compliance with the Fair Work Act. The commission found that certain provisions regarding redundancy payments did not align with the statutory minimum entitlements and were thus deemed unfair. Consequently, these provisions were struck down, and the commission directed that the agreement be registered with those clauses removed. The commission emphasised the importance of ensuring that enterprise agreements provide fair and lawful terms for employees, while also respecting the rights of employers to negotiate reasonable terms within the confines of the law. The agreement, with the modifications, was ultimately approved for registration.

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