Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3652)

GEOCON CONSTRUCTORS PTY LTD AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014-2016

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

Application for approval of the Geocon Constructors Pty Ltd and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Geocon Constructors Pty Ltd and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016 (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 21 February 2016

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for the Geocon Constructors Pty Ltd and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2014-2016 from the Fair Work Commission. The agreement, which was registered on 23 June 2014, included provisions for various matters including wages and conditions of employment. The employer contested the approval of the agreement on the grounds that the union had not conducted genuine bargaining, and that the agreement contained provisions that were not in the best interests of the employees.

The central legal issues before the court were whether the union had genuinely bargained with the employer, and whether the provisions of the agreement were in the best interests of the employees. The court examined the evidence presented by both parties and considered the requirements of the Fair Work Act 2009. The court also considered the precedents set by previous cases, including the decision in Re Construction, Forestry, Mining and Energy Union; Re Building Construction Industry Security of Employment (National) Agreement 2012.

After considering the evidence and arguments presented by both parties, the court found that the union had genuinely bargained with the employer, and that the provisions of the agreement were in the best interests of the employees. The court found that the union had acted in good faith and had made genuine efforts to reach an agreement with the employer. The court also found that the provisions of the agreement were not detrimental to the employees, and that they were in line with the objectives of the Fair Work Act. The court approved the agreement, and it was registered on 28 April 2015.

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