Construction, Forestry, Mining and Energy Union

[2014] FWCA 1407

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/225)

NATIONAL SECURITY EXPERTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

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

Application for approval of the National Security Experts Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe National Security Experts Pty Ltd / CFMEU Collective Agreement 2014 (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 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the National Security Experts Pty Ltd / CFMEU Collective Agreement 2014. The dispute arose under the Fair Work Act 2009, where the CFMEU sought to have the collective agreement registered by the Fair Work Commission and approved by the Fair Work Commission. The respondent, National Security Experts Pty Ltd, contested the application on various grounds, including that the agreement did not comply with the requirements of the Act.

The primary legal issue before the court was whether the collective agreement met the statutory criteria set out in the Fair Work Act for approval and registration. Key considerations included whether the agreement contained provisions that were contrary to public policy, failed to provide for fair and reasonable terms and conditions, or did not comply with procedural requirements for approval. The court had to interpret the relevant sections of the Act and apply them to the specific terms of the agreement in question.

In delivering the judgment, the court examined the collective agreement clause by clause, ensuring each provision complied with the statutory standards. The court found that while most provisions were in line with the requirements, certain clauses did not meet the criteria for approval. Specifically, the court identified issues with the dispute resolution mechanism and some procedural aspects of the agreement. As a result, the court declined to approve the collective agreement, citing these non-compliant elements. The court's decision was grounded in a detailed analysis of the Act and the specific provisions of the agreement.

The final orders of the court included a refusal to approve the collective agreement, with specific reasons provided for the non-compliant clauses. The court also directed the parties to address the identified issues in any future negotiations or amendments to the agreement. This judgment underscores the importance of ensuring that collective agreements strictly adhere to the statutory framework to be eligible for approval and registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established