Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5576)

SUMMIT SCAFFOLDING PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 14 APRIL 2014

Application for approval of the Summit Scaffolding 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 Summit Scaffolding 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 21 April 2014. The nominal expiry date of the Agreement is 1 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an industrial instrument titled the Summit Scaffolding Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016. The dispute centred around the terms of the agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for registration under the Act and whether it complied with the provisions for a registered agreement.

The Commission examined the agreement to ascertain if it was genuinely a product of conciliation and agreement between the parties and whether it adhered to the procedural requirements set out in the Act. The Commission also considered whether the agreement contained terms that were contrary to public policy or were otherwise unlawful. The parties presented arguments regarding the fairness and appropriateness of the terms of the agreement, with a particular focus on the duration of the agreement and the provisions relating to employee entitlements.

The Commission concluded that the agreement was genuinely a product of conciliation and agreement between the parties, and that it met the procedural requirements for registration under the Act. The Commission also found that the agreement did not contain any terms that were contrary to public policy or were otherwise unlawful. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission made orders approving the agreement and registering it under the 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