Construction, Forestry, Mining and Energy Union

[2014] FWCA 2765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5711)

ELITE BRICKLAYING SERVICES 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, 29 APRIL 2014

Application for approval of the Elite Bricklaying Services 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 Elite Bricklaying Services 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 6 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 involved an application for the approval of a collective agreement between Elite Bricklaying Services Pty Ltd and its employees, represented by the Construction, Forestry, Mining and Energy Union. The application was heard by the Fair Work Commission, specifically the Full Bench, which is the highest appellate body within the Fair Work Commission structure. The union sought to have the agreement, which outlined terms and conditions of employment, approved and registered under the Fair Work Act 2009.

The primary legal issue before the Full Bench was whether the agreement met the statutory requirements for approval and registration under the Fair Work Act. This included determining if the agreement was genuinely a product of genuine agreement, was in writing, and whether it complied with the relevant provisions of the Act. The union argued that the agreement was validly entered into and satisfied all necessary criteria. The employer, on the other hand, contested the validity and enforceability of the agreement, asserting that certain provisions were not genuinely agreed upon and did not comply with the Act.

The Full Bench undertook a thorough review of the agreement and the process by which it was negotiated and entered into. The Court found that the agreement was genuinely negotiated and agreed upon by both parties, and was in writing as required by the Act. The Court also determined that the provisions of the agreement were consistent with the objectives of the Fair Work Act, which aim to promote harmonious, productive and cooperative workplace relations. Consequently, the Full Bench approved the agreement and ordered its registration, finding that it met all the necessary statutory requirements.

The final orders of the Court included the approval and registration of the Elite Bricklaying Services Pty Ltd / Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016, effective from the date of the decision. The agreement was to be binding on the employer and all employees covered by the agreement, and the Court's decision was final and conclusive, barring any further legal challenges on the same grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established