Construction, Forestry, Mining and Energy Union

[2014] FWCA 1209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3546)

PBS MANAGEMENT PTY LTD / 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 PBS Management Pty Ltd / 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 PBS Management Pty Ltd / Construction, Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016 (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 March 2016

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the PBS Management Pty Ltd / Construction, Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016. The applicant was PBS Management Pty Ltd, and the respondent was the Construction, Forestry Mining and Energy Union. The central issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith and if it contained the necessary provisions for employee representation and dispute resolution. Additionally, the court examined whether the agreement was fair and reasonable in its terms and conditions for the employees.

The Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The court held that the agreement failed to provide adequate protections for employees in several areas, including procedural fairness and dispute resolution mechanisms. The court also found that certain provisions of the agreement were not in the best interests of the employees. As a result, the application for approval was dismissed. The Commission ordered that the agreement not be approved and directed the parties to negotiate a new agreement that complies with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established