Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 219

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10498)

TURBO RECRUITMENT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

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

Application for approval of the Turbo Recruitment Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Turbo Recruitment 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Turbo Recruitment Pty Ltd/CFMEU Collective Agreement 2013-2014. Turbo Recruitment Pty Ltd opposed the application, contending that the agreement did not meet the requirements for approval under the Fair Work Act. The crux of the dispute lay in the nature of the agreement and whether it complied with the legislative provisions governing such agreements.

The central legal issues that the Commission had to resolve included whether the collective agreement was genuinely negotiated, whether it adhered to the mandatory terms and conditions outlined in the Fair Work Act, and if it was appropriate for the agreement to be approved. Additionally, the Commission needed to determine if the agreement provided adequate protections for employees and whether it balanced the interests of both employers and employees appropriately.

The Commission examined the evidence presented by both parties and considered the statutory requirements for collective agreements. It was found that the agreement had been genuinely negotiated and contained terms that complied with the mandatory provisions of the Fair Work Act. Furthermore, the Commission determined that the agreement provided appropriate protections for employees and balanced the interests of both parties. Consequently, the Commission approved the collective agreement.

In approving the collective agreement, the Commission made an order that the Turbo Recruitment Pty Ltd/CFMEU Collective Agreement 2013-2014 be approved and registered under the Fair Work Act. This decision allows the agreement to take effect and govern the employment terms and conditions between Turbo Recruitment Pty Ltd and the CFMEU for the specified period.

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