Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 423

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10563)

COCKRAM GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 JANUARY 2014

Application for approval of the Cockram Group of Companies / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Cockram Group of Companies / CFMEU Collective Agreement 2013 - 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 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Cockram Group of Companies / CFMEU Collective Agreement 2013-2014. The Cockram Group of Companies, represented by its directors, opposed the application. The dispute centred around the validity and fairness of certain clauses in the proposed agreement, particularly those relating to working conditions and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement contained any provisions that contravened the Fair Work Act, and if so, whether these could be modified or removed to ensure compliance. The Commission also had to assess whether the agreement was made in good faith and whether it provided for a fair and efficient way to determine employees' terms and conditions of employment. Furthermore, the Commission examined whether the agreement addressed the needs of both parties fairly and whether it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that while the majority of the agreement was fair and reasonable, certain provisions did contravene the Act. The Commission made amendments to those clauses to ensure compliance with the statutory requirements. The Commission determined that the overall agreement, with the modified provisions, met the legal standards for approval and was in the best interests of both the employees and the employer. The Commission approved the agreement with the stipulated amendments, ensuring that it now aligned with the provisions of the Fair Work Act.

The final orders included the approval of the Cockram Group of Companies / CFMEU Collective Agreement 2013-2014, subject to the modifications made by the Commission. The agreement was to be implemented with the changes to ensure it complied with the Fair Work Act, and both parties were directed to adhere to the terms as amended. This decision set a precedent for future agreements between the parties, ensuring that any collective agreements would need to comply with the statutory framework.

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