Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3575)

HIGHRISE CONCRETE CONTRACTORS 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 Highrise Concrete Contractors 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 Highrise Concrete Contractors 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 applicant, Highrise Concrete Contractors Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEUA). The CFMEUA, as the relevant union, negotiated on behalf of its members employed by the applicant. The application was made to the Fair Work Commission (FWC), which was required to assess whether the agreement met the criteria set out in the Fair Work Act 2009. The dispute centred on whether the terms and conditions of the agreement were fair and appropriate, given the specific circumstances of the industry and the bargaining parties involved.

The legal issues before the FWC involved determining whether the proposed agreement complied with the provisions of the Fair Work Act. Key concerns included whether the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, and other employment conditions. The FWC also had to consider whether the agreement was in line with the objectives of the Act, which includes promoting high levels of employment, productivity, and industrial peace. Additionally, the FWC needed to ensure that the agreement did not adversely affect the financial viability of the applicant company.

The FWC found that the agreement met the criteria for approval. It concluded that the terms and conditions of the agreement were fair and appropriate, taking into account the specific circumstances of the industry and the bargaining parties. The FWC emphasised that the agreement provided for reasonable wages and working conditions, which were consistent with industry standards. Furthermore, the FWC determined that the agreement would not adversely affect the financial viability of the applicant company and would promote industrial peace. The FWC approved the collective agreement, finding that it complied with the requirements of the Fair Work Act.

The FWC's decision resulted in the approval of the collective agreement between Highrise Concrete Contractors Pty Ltd and the CFMEUA. The agreement was deemed to be fair and appropriate, meeting the legislative criteria set out in the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees of the applicant company are adequately protected and that the agreement supports the broader objectives of the Act.

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