Construction, Forestry, Mining and Energy Union

[2014] FWCA 1918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3970)

KREADON PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 21 MARCH 2014

Application for approval of the Kreadon Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Kreadon Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union. The Agreement is a single-enterprise agreement.

[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 Construction, Forestry, Mining and Energy Union, being a 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 28 March 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Kreadon Pty Ltd and the Construction Forestry Mining and Energy Union. The dispute arose regarding the approval of the Kreadon Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement included all required minimum terms, was free from prohibited content, and was negotiated in good faith. The court also needed to consider if the agreement provided for fair and reasonable terms, and if it complied with any relevant laws and regulations.

The Fair Work Commission examined the agreement clause by clause, ensuring it contained all minimum terms and was free from prohibited content. The Commission found that the agreement had been negotiated in good faith and provided fair and reasonable terms. The Commission also confirmed that the agreement complied with all relevant laws and regulations. Based on this analysis, the Commission approved the agreement.

As a result, the Fair Work Commission approved the Kreadon Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016. This decision ensures that the agreement will govern the employment conditions between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established