Construction, Forestry, Mining and Energy Union

[2014] FWCA 1210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3628)

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

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 18 FEBRUARY 2014

Application for approval of the Belconnen Concrete 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 Belconnen Concrete 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 25 February 2014. The nominal expiry date of the Agreement is 1 March 2016

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a collective agreement with Belconnen Concrete Pty Ltd. The agreement in question was entered into between the union and the employer and covered the period from 2013 to 2016. The dispute centred on whether the terms of the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement complied with the statutory provisions that govern the approval of such agreements. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the necessary minimum terms as stipulated by the Act. Additionally, the court had to consider whether the agreement unfairly disadvantaged any party and if it adhered to the principles of enterprise bargaining as outlined in the Fair Work Act.

The Fair Work Commission found that the collective agreement was made in good faith and included all the minimum terms required by the Act. The commission noted that the agreement was the result of genuine negotiations between the parties and did not unfairly disadvantage either the employer or the employees. The commission also concluded that the agreement was consistent with the principles of enterprise bargaining and did not contravene any provisions of the Act. As a result, the commission approved the collective agreement, allowing it to take effect from the specified period.

The Fair Work Commission approved the Belconnen Concrete Pty Ltd and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2013-2016, finding it to be in compliance with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established