Construction, Forestry, Mining and Energy Union

[2014] FWCA 1756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3842)

FINE TOUCH PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 14 MARCH 2014

Application for approval of the Fine Touch Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Fine Touch Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016 (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 21 March 2014. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Fine Touch Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute was over the approval of the Fine Touch Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016. The case was heard in the Fair Work Commission. The central legal issues the court had to decide involved the fairness and compliance of the collective agreement with the applicable industrial laws and standards. Specifically, the court needed to determine whether the agreement was made in good faith and whether it adhered to the provisions of the Fair Work Act 2009.

The Fair Work Commission examined the agreement clause by clause, considering its implications for both the employees and the employer. The court noted that the agreement contained provisions that were consistent with the Fair Work Act and other relevant industrial instruments. However, certain clauses were scrutinised for their potential impact on the workforce and the employer's business operations. Ultimately, the court concluded that the agreement, while containing some provisions that required minor adjustments, was predominantly fair and complied with the necessary legislative requirements. The court directed the parties to make specific amendments to certain clauses to ensure full compliance with the Fair Work Act.

The Fair Work Commission approved the collective agreement with the stipulated amendments. These amendments were intended to address the court's concerns while preserving the overall intent and fairness of the agreement. The court's decision was based on its assessment that the agreement, once modified, would serve the interests of both the employees and the employer without contravening the Fair Work Act. The final orders included the approval of the agreement subject to the specified amendments, ensuring that it met all legal requirements and standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established