Construction, Forestry, Mining and Energy Union

[2014] FWCA 2231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/596)

KONRAD PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

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

Application for approval of the Konrad Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Konrad 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

The matter involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the Fair Work Commission's (FWC) approval of the Konrad Pty Ltd / CFMEU Collective Agreement 2014. The application was contested by Konrad, a civil engineering and construction company, which argued that certain provisions of the agreement were not in line with the requirements of the Fair Work Act 2009 (Cth). The Fair Work Commission, presided over by Commissioner Deller, was tasked with determining whether the collective agreement met the necessary legislative standards.

The primary legal issues before the Commission were whether the collective agreement contained provisions that were contrary to the public interest and whether certain provisions contravened the Fair Work Act. Specifically, Konrad contended that certain provisions relating to the resolution of disputes and the payment of union fees were problematic. The CFMEU, on the other hand, argued that these provisions were necessary and reasonable to ensure fair and effective representation of its members.

In examining the arguments, the Commission applied the relevant sections of the Fair Work Act and considered the principles of industrial relations law. The Commission found that the provisions in question did not contravene the Act or the public interest. It was determined that the dispute resolution mechanisms and union fee provisions were necessary to maintain effective industrial relations and were not contrary to the public interest. Consequently, the Commission approved the collective agreement, affirming that it was consistent with the statutory requirements and served the interests of both the union and the employer.

As a result of the decision, the Fair Work Commission granted the CFMEU's application for approval of the Konrad Pty Ltd / CFMEU Collective Agreement 2014. The Commission's decision was based on its finding that the agreement's provisions were necessary, reasonable, and in line with the statutory framework provided by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established