Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5729)

NEL TRADING PTY LTD 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 NEL Trading Pty Ltd 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 NEL Trading Pty Ltd 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 1 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a collective agreement between NEL Trading Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute arose from the negotiation of a collective agreement for employees within the ACT region over the period 2014-2016. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission had to determine if the collective agreement contained all necessary provisions, adhered to procedural fairness, and did not contravene any relevant laws or principles. Specifically, the Commission examined whether the agreement was fairly negotiated and if it included all the necessary details, such as the parties involved, the duration of the agreement, and the terms and conditions of employment. Additionally, the Commission assessed if the agreement was consistent with the principles of good faith bargaining and did not unfairly disadvantage any party.

In its decision, the Commission found that the collective agreement did not meet the statutory requirements for approval. The Commission noted that the agreement lacked specific details regarding the remuneration of employees, which was a critical component of a valid collective agreement. The Commission also highlighted procedural issues in the negotiation process, which did not adhere to the principles of good faith bargaining. Consequently, the Commission rejected the application for approval of the collective agreement, citing the deficiencies identified.

The Commission ordered that the collective agreement be returned to the parties for amendment and resubmission. The Commission emphasised the need for the agreement to include comprehensive details regarding employee remuneration and to ensure that the negotiation process complied with the principles of good faith bargaining. The parties were instructed to address these issues and resubmit the agreement for approval once the necessary amendments had been made.

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