Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 71

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12074)

ADS DESIGN & DRAFTING SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JANUARY 2014

Application for approval of the ADS Design & Drafting Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the ADS Design & Drafting Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 January 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the ADS Design & Drafting Services Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was brought by the union, who sought approval of the agreement under the Fair Work Act 2009. The employer opposed the application, raising concerns about certain provisions within the agreement. The central issue before the commission was whether the agreement met the requirements for approval under the Fair Work Act.

The commission examined several key provisions of the agreement to determine if they were consistent with the Act's objectives. These provisions included those relating to wages, hours of work, and other conditions of employment. The commission considered whether the agreement provided for a safety net of minimum wages and conditions, and if it allowed for flexibility in workplace arrangements. The employer argued that certain clauses within the agreement would unduly restrict their ability to manage their business, while the union contended that the provisions were necessary to protect employees' rights. Ultimately, the commission found that the majority of the agreement's provisions were consistent with the Act's objectives and approved the agreement, subject to minor modifications.

The Fair Work Commission approved the ADS Design & Drafting Services Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, with some modifications. The commission found that the agreement provided a safety net of minimum wages and conditions and allowed for flexibility in workplace arrangements. The modifications made by the commission were minor and did not significantly alter the overall nature of the agreement. The employer's concerns about certain provisions were addressed through the modifications, ensuring that the agreement was fair and balanced. This decision highlights the importance of enterprise agreements in providing a framework for fair and effective workplace relations, while also allowing for flexibility in managing a business.

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