Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1016

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/89)

ELLIS REINFORCEMENT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 FEBRUARY 2014

Application for approval of the Ellis Reinforcement Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Ellis Reinforcement Pty Ltd / CFMEU Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Applicant). 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 relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) and Ellis Reinforcement Pty Ltd sought approval for a collective agreement. The dispute arose in the Fair Work Commission, which is responsible for handling workplace disputes in Australia. The central issue before the Commission was whether the collective agreement complied with the statutory framework, particularly in terms of its provisions regarding penalty rates and other employment conditions.

The Commission examined the agreement's provisions closely, focusing on whether the terms were fair and reasonable in the context of the parties' bargaining power and the broader industrial landscape. The primary concern was whether the penalty rates and conditions offered were sufficient to meet the needs of the employees while also being commercially viable for the employer. The Commission also considered whether the agreement adhered to the relevant industrial awards and whether it provided adequate protections and benefits for the workforce.

After careful consideration, the Fair Work Commission determined that the collective agreement was fair and reasonable. The Commission found that the terms provided adequate protections and benefits for the employees and were not overly burdensome on the employer. The Commission noted the parties' good faith in negotiating the agreement and their willingness to compromise. Consequently, the Commission approved the collective agreement, finding that it met the necessary statutory requirements and was in the best interests of all parties involved.

The final orders of the Commission were that the Ellis Reinforcement Pty Ltd / CFMEU Collective Agreement 2014 be approved, effective from the date of the decision. The Commission's approval ensured that the agreement would be legally binding on both the employer and the employees, providing a framework for their future industrial relations.

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