Construction, Forestry, Mining and Energy Union

[2014] FWCA 2185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/217)

SHUSAI RISK MANAGEMENT PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 APRIL 2014

Application for approval of the Shusai Risk Management Pty Ltd/ CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Shusai Risk Management Pty Ltd/ CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and will operate from 10 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 before the Fair Work Commission involved an application by Shusai Risk Management Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of their collective agreement for the period 2013-2014. The core dispute centred on the interpretation and application of various provisions of the Fair Work Act 2009, particularly those concerning the negotiation and approval of enterprise agreements. Shusai Risk Management, an employer in the security services industry, sought to finalise an agreement with CFMEU that would govern the terms and conditions of employment for its workers.

The legal issues the court had to resolve included whether the agreement complied with the procedural requirements set out in the Fair Work Act, and whether it adhered to the good faith bargaining obligations. Additionally, the court needed to determine if the terms of the agreement were fair and reasonable, taking into account the economic and employment conditions of the relevant industry. The court also considered whether any specific provisions of the agreement unfairly disadvantaged certain employees or contravened the principles of industrial justice.

The Fair Work Commission found that the agreement met the procedural requirements and was the product of good faith negotiations. The court assessed the fairness of the agreement by examining its terms in light of the broader economic context and existing industry standards. It concluded that the agreement was fair and reasonable, as it balanced the interests of both the employer and the employees. The court highlighted that the agreement provided adequate protections and benefits to employees, and did not impose any unreasonable restrictions on the employer. Consequently, the court approved the collective agreement, finding it compliant with the legislative requirements and conducive to maintaining fair industrial relations.

The final order of the Fair Work Commission was the approval of the Shusai Risk Management Pty Ltd/CFMEU Collective Agreement 2013-2014, effective from the date of the decision. The court's decision affirmed the validity of the agreement and provided a precedent for similar agreements in the industry, ensuring that they adhere to the legal standards set forth in 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