Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5380)

AUSTRALIAN CAPITAL CONTRACTORS 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 Australian Capital Contractors 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 Australian Capital Contractors 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

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Australian Capital Contractors Pty Ltd and the Construction Forestry Mining and Energy Union. The dispute centred on the terms of the proposed collective agreement which sought to regulate employment conditions within the construction industry in the Australian Capital Territory for the period of 2014 to 2016. The Fair Work Commission was tasked with assessing the agreement against the statutory requirements and ensuring it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for approval as outlined in the Fair Work Act, specifically whether it provided for a fair and efficient workplace, and whether it aligned with the public interest. The Commission also had to consider whether the agreement included provisions that adequately protected employees' rights and interests, and whether it promoted efficient and productive workplace relations.

In deliberating on the matter, the Commission carefully examined the terms of the proposed agreement, taking into account the submissions from both the employer and the union. The Commission found that the agreement was comprehensive and included provisions that were fair and efficient, addressing key areas such as wages, working hours, and dispute resolution mechanisms. The agreement was also deemed to be in the public interest as it provided for a stable and productive industrial environment that benefited both employees and employers. Consequently, the Commission approved the collective agreement, recognising it as a fair and effective means of regulating employment conditions in the specified industry and jurisdiction.

The Fair Work Commission ordered the approval of the Australian Capital Contractors Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016, subject to the conditions set forth in the agreement. This decision ensures that the terms of the agreement will govern the employment conditions for the specified period, providing a framework for fair and efficient workplace relations.

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