Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 10009

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10169)

TASKWILL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 DECEMBER 2013

Application for approval of the Taskwill Pty Ltd / CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Taskwill 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 Construction, Forestry, Mining and Energy Union sought approval of a collective agreement with Taskwill Pty Ltd, which was to be registered under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, Australia’s workplace relations tribunal. The Union argued that the agreement should be approved and registered because it met the legislative requirements for a valid agreement. Taskwill Pty Ltd opposed the approval, contending that the agreement did not comply with the Act and should not be registered.

The central issue before the Commission was whether the collective agreement met all the legal criteria for approval and registration under the Act. Specifically, the Union had to demonstrate that the agreement was not discriminatory, did not undermine the right to freedom of association, and did not contravene any minimum entitlements set out in the Act. The Commission needed to determine if the agreement contained any provisions that breached these requirements and, if so, whether these breaches were sufficiently minor to allow for the agreement to be approved under the Act's regulatory framework.

The Commission considered the contents of the agreement and the arguments of both parties. It found that while the agreement contained some provisions that did not comply with the Act, these breaches were not significant enough to prevent the agreement from being approved. The Commission noted that the breaches were largely technical and could be remedied through minor amendments. Consequently, the Union's application for approval was successful. The agreement was registered with certain conditions, ensuring compliance with the Act moving forward.

The Fair Work Commission approved the registration of the collective agreement between the Construction, Forestry, Mining and Energy Union and Taskwill Pty Ltd, subject to certain conditions. These conditions required the parties to amend the agreement to address the identified breaches and to ensure ongoing compliance with the Fair Work Act. The Commission's decision was based on the finding that the overall purpose and effect of the agreement were consistent with the objectives of the Act, despite the identified technical issues.

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