Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5727)

PYRAMID MASONRY EMPLOYMENT 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 Pyramid Masonry Employment 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 Pyramid Masonry Employment 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

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant sought approval for the Pyramid Masonry Employment Pty Ltd/Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016. The application was heard in the Fair Work Commission, an independent statutory body responsible for regulating workplace relations in Australia.

The central legal issue before the Commission was whether the terms of the collective agreement between Pyramid Masonry Employment Pty Ltd and its employees, as represented by the Construction, Forestry, Mining and Energy Union, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for registration under section 198 of the Act, including ensuring that it provided for the protection of employees' rights and interests and did not have an adverse effect on the broader labour market.

The Fair Work Commission found that the terms of the agreement were in line with the requirements of the Fair Work Act. The Commission noted that the agreement contained provisions that were consistent with the Act’s objectives, including provisions for fair and equitable treatment of employees, protection of employees' rights and interests, and the promotion of productivity and economic efficiency. The Commission concluded that the agreement did not have an adverse effect on the labour market and was therefore eligible for registration. As a result, the Commission approved the collective agreement.

The Fair Work Commission's decision to approve the collective agreement was based on its finding that the agreement met the legal criteria for registration and did not have an adverse effect on the labour market. The Commission's approval of the agreement ensures that the terms of the collective agreement will be legally binding on both parties, providing certainty and stability in the employment relationship. The decision also affirms the importance of collective bargaining as a means of achieving fair and equitable outcomes for employees within the framework of the Fair Work Act.

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