Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/238)

MATT DALLEY DEMOLITION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 27 FEBRUARY 2014

Application for approval of the Matt Dalley Demolition Pty Ltd / CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Matt Dalley Demolition Pty Ltd / CFMEU Collective Agreement 2013 - 2015 (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 (the Applicant). 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 relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Matt Dalley Demolition Pty Ltd, sought approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFME), for the period 2013 to 2015. The matter was heard by the Fair Work Commission. The crux of the dispute lay in the interpretation and validity of certain clauses within the proposed collective agreement, specifically those pertaining to employee entitlements and work conditions.

The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009, particularly in regard to the provisions that might be seen as potentially unfair or inequitable to employees. This involved a close examination of the proposed terms to ensure they met the standards of procedural fairness and did not contravene any provisions of the Act. The Commission had to balance the rights of the employer to manage their business with the protections afforded to employees under the legislation.

After thorough deliberation, the Commission concluded that while the proposed agreement contained several commendable aspects, some clauses did not meet the statutory requirements for fairness and procedural justice. Consequently, the Commission made several amendments to the agreement to address these deficiencies. The final approved agreement incorporated these changes, ensuring compliance with the Fair Work Act while respecting the interests of both parties. The decision was thus a nuanced application of the Act, tailored to the specific context of the proposed collective agreement.

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