Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/699)

CRA (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 APRIL 2014

Application for approval of the CRA (NSW) Pty Ltd / CFMEU Collective Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the CRA (NSW) Pty Ltd / CFMEU Collective Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 17 April 2014. The nominal expiry date of the Agreement is31 March 2016.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Collective Agreement between CRA (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2014 to 2016. The CFMEU sought to have the agreement approved under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, particularly whether it was in the interests of employees and did not unfairly discriminate against any class of employee.

The primary legal issues before the Commission were whether the agreement contained terms that were consistent with the principles of the Fair Work Act, specifically whether it met the requirements of being in the best interests of employees and did not unfairly discriminate against any class of employee. The Commission also had to consider whether the agreement adequately addressed the needs of both employers and employees, ensuring a fair balance between the parties.

In assessing the application, the Commission examined the content of the agreement and its implications for both the employer and the employees. The Commission found that the agreement provided for a fair and balanced set of terms that met the statutory requirements. It considered that the agreement was in the best interests of the employees as it provided for fair wages, conditions, and dispute resolution mechanisms. Furthermore, the Commission was satisfied that the agreement did not unfairly discriminate against any class of employee, as it applied uniformly and equitably to all employees covered by the agreement.

The Fair Work Commission approved the collective agreement, finding it to be in the best interests of the employees and not unfairly discriminatory. The Commission's decision was based on the comprehensive nature of the agreement, which provided for fair and reasonable terms that addressed the needs of both employers and employees. The approval of the agreement ensures that the terms and conditions of employment for the period 2014 to 2016 are legally binding and enforceable.

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