Construction, Forestry, Mining and Energy Union

[2014] FWCA 2893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5745)

REDLINE 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, 2 MAY 2014

Application for approval of the Redline 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 Redline 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 9 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union for approval of a collective agreement between Redline Bricklaying Pty Ltd and its employees. The dispute centred on whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009. The case was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement contained terms that were unfair or unreasonable, as defined by section 234 of the Fair Work Act. The Commission had to consider whether the agreement provided for a fair and reasonable balance of benefits and obligations for both the employer and employees, and whether it complied with the provisions of the Act. Additionally, the Commission had to examine whether the agreement was consistent with the objectives of the Fair Work Act, including the protection of employees' rights and interests.

In its decision, the Commission examined the provisions of the proposed agreement in detail. It found that the agreement contained terms that were fair and reasonable, and that it did not breach any provisions of the Act. The Commission noted that the agreement provided for a balanced distribution of benefits and obligations, and that it was consistent with the objectives of the Act. The Commission concluded that the agreement was not unfair or unreasonable, and therefore granted approval for the agreement. The Commission's decision was based on a thorough analysis of the agreement and the relevant statutory provisions.

The Fair Work Commission approved the Redline Bricklaying Pty Ltd / Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016. The Commission found that the agreement was fair and reasonable, and that it complied with the provisions of the Fair Work Act. The decision provides guidance for employers and unions in relation to the approval of collective agreements under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established