Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/578)

JH FLOR PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 24 MARCH 2014

Application for approval of the JH Flor Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the JH Flor Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU).

[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 the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2014. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, JH Flor Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for their Enterprise Agreement 2013 from the Fair Work Commission (FWC). The dispute centred on whether the agreement contained appropriate provisions regarding pay rates and conditions for employees, particularly in light of the parties' differing interpretations of specific clauses.

The primary legal issues before the FWC were the interpretation and validity of certain clauses within the Enterprise Agreement. Specifically, the dispute involved the interpretation of the clause concerning the "Seniority Rate of Pay" and the application of "Shift Differentials." The CFMEU argued that the agreement did not adequately protect the rights and conditions of employees, while JH Flor Pty Ltd contended that the agreement was fair and complied with relevant labour laws.

The FWC examined the context in which the agreement was made, including the bargaining positions of the parties and the overall fairness of the agreement. The Commission concluded that while some provisions were contentious, the agreement as a whole was fair and reasonable. The FWC noted that the Seniority Rate of Pay clause provided adequate protection for employees, and the Shift Differentials were in line with industry standards. Consequently, the FWC approved the Enterprise Agreement 2013, finding it to be in the best interests of the employees and compliant with the Fair Work Act 2009.

The Fair Work Commission approved the JH Flor Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013, finding that it was fair and reasonable in all its terms. The approval was subject to the conditions outlined in the decision, ensuring that the agreement continued to protect the rights and conditions of employees effectively.

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