Construction, Forestry, Mining and Energy Union

[2014] FWCA 1208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3497)

HUON CONTRACTORS PTY LTD ENTERPRISE BARGAINING AGREEMENT (ACT) 2014-2016

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

Application for approval of the Huon Contractors Pty Ltd Enterprise Bargaining Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Huon Contractors Pty Ltd Enterprise Bargaining Agreement (ACT) 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by the Construction, Forestry, Mining and Energy Union. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.190 of the Act I have accepted an undertaking from the employer which relates to consultation, clause 26 of the agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertakings, which are taken to be terms of the agreement under s.201(3) of the Act, 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.

[4] 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

[5] 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 31 October 2016

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Huon Contractors Pty Ltd Enterprise Bargaining Agreement (ACT) 2014-2016. The employer, Huon Contractors, contested the application. The dispute was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement complied with the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and procedural fairness. Specifically, the court had to determine if the agreement was made in good faith, if the process leading to the agreement was fair, and if the agreement met the statutory requirements for approval.

The Fair Work Commission examined the bargaining process and the content of the agreement. It considered if the employer had engaged in genuine negotiations and if the agreement was made without coercion or undue influence. The Commission also evaluated if the agreement met the criteria for being "better off overall" for the employees and if it was consistent with the overarching objectives of the Fair Work Act. After thorough examination, the Commission concluded that the agreement was made in good faith, the process was fair, and the agreement satisfied the statutory requirements.

As a result, the Fair Work Commission approved the Huon Contractors Pty Ltd Enterprise Bargaining Agreement (ACT) 2014-2016. The decision was based on the findings that the agreement was negotiated fairly and met all legal requirements for approval. The Commission emphasised the importance of adhering to good faith bargaining and procedural fairness in future negotiations. The final orders were that the agreement be approved as a registered agreement under 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