Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 373

The attached document replaces the document previously issued with the above code on 15 January 2014.

In paragraph [4] delete “The nominal expiry date of the Agreement is 31 June 2014.” and replace with “The nominal expiry date of the Agreement is 30 June 2014”.

Stevie Smith

Associate to Commissioner Riordan

16 January 2014

[2014] FWCA 373

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10554)

QUATRAM INTERIORS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 JANUARY 2014

Application for approval of the Quatram Interiors Pty Limited / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Quatram Interiors Pty Limited / 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Quatram Interiors Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU) for the years 2013 and 2014. The application was brought before the Fair Work Commission (FWC), an Australian industrial relations tribunal. The dispute arose as the parties had reached a collective agreement but required FWC's approval before it could be enforced.

The primary legal issues before the Commission were whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was appropriate for the employees covered by the agreement. Additionally, the Commission examined whether the agreement complied with the relevant industrial instruments and if it was consistent with the principles of the Fair Work Act.

The FWC found that the collective agreement was made in good faith and contained all the required minimum terms and conditions. The Commission noted that the agreement was consistent with the relevant industrial instruments and did not contravene any provisions of the Fair Work Act. The FWC also considered that the agreement was appropriate for the employees covered by it, as it provided fair and reasonable terms and conditions of employment. As a result, the FWC approved the Quatram Interiors Pty Limited / CFMEU Collective Agreement 2013-2014.

The FWC's final order was to approve the collective agreement between Quatram Interiors Pty Limited and the CFMEU for the years 2013 and 2014. This decision allowed the agreement to be enforced and provided certainty and stability for both the employer and the employees involved.

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