Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 371

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10549)

BRICKMEN CONSTRUCTIONS AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2015

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

Application for approval of the Brickmen Constructions Australia Pty Ltd / CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Brickmen Constructions Australia Pty Ltd / CFMEU Collective Agreement 2013 - 2015 (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 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between Brickmen Constructions Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2013-2015. The Fair Work Commission (FWC) was asked to assess the agreement under the Fair Work Act 2009, specifically considering whether the agreement met the requirements for approval and was in the best interests of the employees involved. The parties presented arguments regarding the fairness and effectiveness of the agreement, and the FWC had to determine whether it should be certified and made legally binding.

The central legal issues revolved around the validity and fairness of the collective agreement. The FWC was required to consider whether the agreement was genuinely negotiated and whether it met the criteria for approval under section 232 of the Act. The court had to determine if the agreement was fair and reasonable, taking into account the rights and interests of both the employer and the employees. Additionally, the FWC needed to ensure that the agreement did not undermine the existing industrial relations system and was not contrary to public policy.

In reaching its decision, the FWC examined the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated between the parties and contained provisions that were fair and reasonable. The FWC also considered the impact of the agreement on the employees, ensuring that it did not place them at a disadvantage and provided appropriate protections. After careful consideration of all the evidence and submissions, the FWC determined that the agreement met the criteria for approval and was in the best interests of the employees. Consequently, the FWC certified the agreement, making it legally binding on the parties.

The FWC's final order was to approve the Brickmen Constructions Australia Pty Ltd / CFMEU Collective Agreement 2013-2015, subject to the terms and conditions outlined in the agreement. The certification ensured that the agreement would govern the employment conditions of the employees during the specified period, providing a framework for industrial relations between the employer and the union. The decision reflected the FWC's commitment to promoting fair and effective collective bargaining within the Australian industrial relations system.

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