Construction, Forestry, Mining and Energy Union

[2014] FWCA 2767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5728)

BENCHMARK COMMERCIAL CONTRACTORS 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 Benchmark Commercial Contractors 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 Benchmark Commercial Contractors 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Benchmark Commercial Contractors Pty Ltd / Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016. Benchmark Commercial Contractors Pty Ltd opposed the application on the basis that the agreement contained a provision that would allow for the registration of union officials on the company's payroll. This provision was not allowable under the Fair Work Act 2009. The CFMEU argued that the provision was in fact intended to give union officials a legitimate and lawful basis to be on the employer's premises to perform their duties as union officials.

The Fair Work Commission had to decide whether the provision in question was allowable under the Fair Work Act 2009. The central issue was whether the provision was in fact intended to give union officials a legitimate and lawful basis to be on the employer's premises to perform their duties as union officials. The Commission found that the provision was in fact intended to give union officials a legitimate and lawful basis to be on the employer's premises to perform their duties as union officials, and that the provision was not contrary to public policy or contrary to the Act. The Commission also found that the provision was not intended to create an unlawful arrangement between the employer and the union, and that it was not contrary to the Act or public policy.

Accordingly, the Commission approved the agreement subject to the deletion of the provision in question. The Fair Work Commission approved the agreement subject to the deletion of the provision in question, finding that it was in fact intended to give union officials a legitimate and lawful basis to be on the employer's premises to perform their duties as union officials, and that the provision was not contrary to public policy or contrary to the Act. The Commission also found that the provision was not intended to create an unlawful arrangement between the employer and the union, and that it was not contrary to the Act or public policy. The orders made by the Fair Work Commission were that the agreement be approved subject to the deletion of the provision in question.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established