Construction, Forestry, Mining and Energy Union

[2014] FWCA 2236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/657)

SUPERIOR WALLS & CEILINGS (QLD) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

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

Application for approval of the Superior Walls & Ceilings (QLD) Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Superior Walls & Ceilings (QLD) Pty Ltd / CFMEU Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (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 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Superior Walls & Ceilings (QLD) Pty Ltd. The application was brought before the Fair Work Commission, an Australian workplace relations tribunal. The dispute centred around whether the proposed agreement met the necessary standards under the Fair Work Act 2009, particularly in terms of its compliance with minimum entitlements and its alignment with the broader principles of the Australian workplace relations system.

The legal issues before the Commission were multifaceted, focusing on whether the agreement provided adequate protections for employees and whether it adhered to the legislative requirements set out in the Fair Work Act. Key among these was the question of whether the agreement sufficiently protected employees' minimum entitlements, including those concerning wages, hours of work, and leave provisions. Additionally, the Commission had to determine if the agreement contained any provisions that were contrary to the public interest or the spirit of the Act.

The Commission found that the agreement did provide for minimum entitlements that were not less favourable than those provided by the relevant industrial instrument. It was also deemed to be in the best interests of the employees, considering the specific circumstances of the industry and the parties involved. The Commission concluded that the agreement did not contain any provisions that were contrary to the public interest or the spirit of the Act. Therefore, the application for approval was granted, and the collective agreement was registered.

The Fair Work Commission ordered that the Superior Walls & Ceilings (QLD) Pty Ltd / CFMEU Collective Agreement 2014 be approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision. This decision ensured that the agreement would legally govern the employment terms between the company and its employees as per the terms negotiated by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established