Construction, Forestry, Mining and Energy Union

[2014] FWCA 2924 [Note: a further decision has been issued to this document]

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/903)

NORTH WEST COMMERCIAL INDUSTRIES (QLD) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 MAY 2014

Application for approval of the North West Commercial Industries (QLD) Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as North West Commercial Industries (QLD) Pty Ltd / CFMEU Collective Agreement 2014-2017 (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 has been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes 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 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the North West Commercial Industries (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the approval of a collective agreement between the two parties for the period 2014-2017. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue before the court was whether the collective agreement met the criteria for approval under the Fair Work Act 2009. This included whether the agreement contained all the mandatory terms required by the Act, whether it was free from any prohibited content, and whether it had been made in good faith. The CFMEU argued that certain provisions of the agreement were not in compliance with the Act, while the employer contended that all provisions were necessary and lawful.

The court found that the collective agreement contained all the mandatory terms required by the Act and was free from any prohibited content. However, the court did identify some issues with the good faith requirement. Despite these issues, the court determined that the overall spirit of the agreement was in good faith and that the benefits it provided to the employees outweighed any minor concerns. Consequently, the court approved the collective agreement.

The final orders of the court were that the North West Commercial Industries (QLD) Pty Ltd / CFMEU Collective Agreement 2014-2017 be approved in its entirety, subject to the court's observations regarding good faith. The court's decision ensured that the agreement could proceed as intended, providing a framework for the working relationship between the employer and the union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established