Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 419

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/12814)

CITYFORM GROUP (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

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

Application for approval of the Cityform Group (Aust) Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Cityform Group (Aust) Pty Ltd / 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and the Cityform Group (Aust) Pty Ltd. The dispute centred on the approval of a collective agreement between the two parties for the period 2013 to 2014. The case was heard in the Fair Work Commission of Australia, which is responsible for overseeing and regulating workplace relations, including the approval of enterprise agreements.

The primary legal issue the court needed to decide was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was made in good faith and whether it contained the minimum terms and conditions mandated by the Act. The CFMEU argued that the agreement was fair and reasonable, while the Cityform Group contended that the agreement did not meet the necessary legal standards.

The Fair Work Commission found that the agreement was made in good faith and contained the minimum terms and conditions required by law. The court noted that the agreement provided for reasonable working hours, appropriate pay rates, and other essential terms and conditions that were fair and reasonable. The Commission also found that the process by which the agreement was made was transparent and that both parties had the opportunity to negotiate and agree upon the terms of the agreement. As a result, the court approved the Cityform Group (Aust) Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Mining and Energy Union and the Cityform Group (Aust) Pty Ltd for the period 2013 to 2014. The court found that the agreement met the statutory requirements for approval under the Fair Work Act 2009 and was made in good faith. The Commission also found that the agreement contained the minimum terms and conditions mandated by law and provided for reasonable working hours, appropriate pay rates, and other essential terms and conditions that were fair and reasonable. The approval of the agreement ensures that the terms and conditions of employment for the relevant workers are regulated and protected under the Act.

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