Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5672)

SHAW BUILDING GROUP PTY LTD AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 24 APRIL 2014

Application for approval of the Shaw Building Group Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Shaw Building Group Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2017 (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 1 May 2014. The nominal expiry date of the Agreement is 1 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, the Construction Forestry Mining and Energy Union, sought approval from the Fair Work Commission of an enterprise agreement between the union and Shaw Building Group Pty Ltd. The applicant contended that the agreement was fair and appropriate for the workers it covered. The respondent, Shaw Building Group Pty Ltd, opposed the application, arguing that the agreement was not fair and did not comply with the relevant statutory provisions. The dispute was heard and determined in the Fair Work Commission, the Australian industrial relations tribunal.

The legal issues before the court were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was free from prohibited content, if it provided for the proper protection of employees' rights, and if it was procedurally fair. The court also had to consider if the agreement was consistent with the National Employment Standards and if it met the "better off overall test," meaning that the employees were better off with the agreement than without it.

The Fair Work Commission found that the enterprise agreement was fair and appropriate for the workers it covered. The court determined that the agreement was free from prohibited content, provided for the proper protection of employees' rights, and was procedurally fair. The court also found that the agreement was consistent with the National Employment Standards and met the "better off overall test." The Commission noted that the agreement contained provisions that were better than the relevant award and provided for increased wages, improved working conditions, and better access to training and development opportunities for the employees.

The Fair Work Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The respondent was ordered to implement the agreement and provide the necessary information and assistance to the employees to enable them to understand their rights and obligations under the agreement.

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