Construction, Forestry, Mining and Energy Union

[2014] FWCA 2319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5131)

LABOUR READY SERVICES PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION GREENFIELDS AGREEMENT (ACT) 2014-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 7 APRIL 2014

Application for approval of the Labour Ready Services Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Labour Ready Services Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application was made by the Construction, Forestry, Mining and Energy Union (the Union).

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[3] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[4] Pursuant to s.53(2)(b) I note that the agreement was made with the Construction, Forestry, Mining and Energy Union and that the agreement covers the Construction, Forestry, Mining and Energy Union.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2014. The nominal expiry date of the Agreement is 1 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Labour Ready Services Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2014-2016, the Australian Industrial Relations Commission heard the application brought by the Construction, Forestry, Mining and Energy Union. The dispute centred around whether the agreement, which aimed to regulate the terms and conditions of employment for workers in the ACT region, met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues the court had to address included whether the agreement provided for the minimum entitlements that employees were entitled to under the National Employment Standards, and whether it complied with the good faith bargaining requirements stipulated in the Act. Additionally, the court examined if the agreement contained provisions that were not contrary to public policy or detrimental to the broader interests of employees.

The court deliberated on the provisions of the agreement, finding that it did indeed provide for the minimum entitlements required under the National Employment Standards. The court was satisfied that the agreement reflected the outcomes of genuine and good faith bargaining between the parties, and that it did not contain any terms that were contrary to public policy. Consequently, the court approved the agreement, recognising its compliance with the legislative requirements.

The final orders of the court approved the Labour Ready Services Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2014-2016, effective from the date of the decision. This decision reinforced the importance of ensuring that enterprise agreements meet the necessary standards for approval, balancing the interests of employers and employees while maintaining compliance with the statutory framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established