Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/611)

ACTION RECOVERY SERVICES PTY LTD T-AS ACTION CRANES/CFMEU COLLECTIVE AGREEMENT 2014-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 7 APRIL 2014

Application for approval of the Action Recovery Pty Ltd t-as Action Cranes / CFMEU Collective Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Action Recovery Pty Ltd t-as Action Cranes / CFMEU Collective Agreement 2014 - 2015 (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 (CFMEU). 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 (CFMEU), being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 14 April 2014. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Action Recovery Pty Ltd trading as Action Cranes, with the dispute centred around the approval of their collective agreement for the period 2014-2015. The court had to determine whether the agreement met the necessary criteria for approval under the relevant industrial legislation. This case was adjudicated by the Fair Work Commission, which has jurisdiction over such industrial disputes.

The legal issues that the court had to address included whether the agreement contained all the required provisions as stipulated by the Fair Work Act 2009, whether it adhered to the good faith bargaining principles, and whether it was fair and reasonable in all its terms. The court also had to consider if the agreement complied with the procedural requirements for its submission and if it was made without any coercion or undue influence.

The court examined the collective agreement thoroughly, ensuring that it included all mandatory provisions such as minimum wages, penalty rates, and leave entitlements. It found that the agreement was the product of genuine negotiations between the parties, and that both had acted in good faith. The court was satisfied that the terms were fair and reasonable, taking into account the economic context of the industry at the time. After considering all the evidence and arguments presented, the court approved the collective agreement, affirming that it met all the necessary legal standards.

As a result of the court's decision, the CFMEU and Action Recovery Pty Ltd's collective agreement for the period 2014-2015 was approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would govern the employment conditions of the employees covered by the agreement until such time as a new agreement was negotiated and approved.

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