Construction, Forestry, Mining and Energy Union

[2014] FWCA 218

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10449)

AUSTRALIAN POST-TENSIONING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2011 -2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 JANUARY 2014

Application for approval of the Australian Post-Tensioning Pty Ltd / CFMEU Collective Agreement 2011 - 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Australian Post-Tensioning Pty Ltd / CFMEU Collective Agreement 2011 -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

The Construction, Forestry, Mining and Energy Union (CFME) applied for approval of a collective agreement with Australian Post-Tensioning Pty Ltd for the period 2011 to 2014. The matter was heard by the Fair Work Commission, which has the authority to approve collective agreements under the Fair Work Act 2009. The primary dispute centred around whether the terms of the proposed agreement were fair and reasonable, as required by the legislation.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Act, specifically focusing on whether the agreement contained terms that were procedurally and substantively fair. The Commission needed to assess the balance of the agreement in terms of workplace relations, ensuring that it did not unduly favour one party over the other and that it complied with the statutory framework for industrial instruments. Additionally, the Commission had to determine whether the agreement provided adequate protections and benefits for the employees, particularly in light of the specific industry and workplace conditions.

The Commission found that the agreement was procedurally sound, as it was the result of genuine bargaining between the parties. It noted that the agreement contained terms that were fair and reasonable, providing a balanced approach that considered the interests of both the employer and the employees. The Commission was satisfied that the agreement complied with the legislative requirements and provided sufficient protections for the employees, including provisions for wages, working conditions, and dispute resolution mechanisms. Consequently, the Commission approved the agreement for the specified period.

The Fair Work Commission approved the Australian Post-Tensioning Pty Ltd / CFMEU Collective Agreement 2011 - 2014, affirming that it met the statutory requirements for fairness and reasonableness. This decision ensures that the agreement will govern the industrial relations between the parties for the specified period, subject to the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established