Construction, Forestry, Mining and Energy Union

[2014] FWCA 2179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/555)

LIBRA INTERIORS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 APRIL 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Libra Interiors 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 11 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 the recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement entered into with Libra Interiors Pty. Ltd. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, which the union intended to apply to its members working for the respondent company. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues addressed by the Commission involved whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement contained appropriate terms and conditions that did not undermine the core entitlements of employees, and whether it had been made in good faith. Furthermore, the Commission had to consider if the agreement was fair and whether it provided a safety net for employees that was no less favourable than the applicable award or registered agreement.

The Fair Work Commission meticulously examined the provisions of the agreement, weighing its terms against the statutory framework. It found that the agreement did not unfairly disadvantage employees and provided a safety net that met or exceeded the minimum entitlements set out in the relevant award. The Commission also determined that the agreement was made in good faith and did not contravene any provisions of the Act. Consequently, the Commission approved the collective agreement, recognising it as a fair and appropriate arrangement for the employees involved.

Following its determination, the Commission issued an approval for the Libra Interiors Pty. Ltd. / CFMEU Collective Agreement 2014, affirming its compliance with the Fair Work Act 2009. This decision ensures that the terms of the agreement will govern the employment conditions of the union members within the specified scope, providing a clear framework for their working relationship with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established