Construction, Forestry, Mining and Energy Union

[2014] FWCA 1348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3574)

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

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 24 FEBRUARY 2014

Application for approval of the CPS Concretors 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 CPS Concretors 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 3 March 2014. The nominal expiry date of the Agreement is 1 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were the Construction, Forestry, Mining and Energy Union and CPS Concretors Pty Ltd. The nature of the dispute was the approval of a collective agreement between the union and the employer, which was to govern employment terms for the period 2013-2016. The case was heard in the Fair Work Commission of Australia.

The legal issues that the court was required to decide involved whether the collective agreement met the necessary criteria for approval, as outlined under the Fair Work Act 2009. This included assessing whether the agreement was in the public interest, whether it was fair and reasonable, and whether it was consistent with the principles of the Australian labour market.

The court found that the agreement met all the necessary criteria for approval. It noted that the agreement provided for a fair and reasonable set of employment terms, and that it was consistent with the principles of the Australian labour market. The court also found that the agreement was in the public interest, as it provided for a stable and productive workplace, and that it would not have an adverse effect on the economy or on the bargaining power of other employers or employees.

As a result of this decision, the court approved the collective agreement between the Construction, Forestry, Mining and Energy Union and CPS Concretors Pty Ltd for the period 2013-2016. This decision provides a useful precedent for future collective agreements between employers and unions in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established