Construction, Forestry, Mining and Energy Union

[2013] FWCA 9778

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11840)

BRIGHTON AUSTRALIA PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 DECEMBER 2013

Application for approval of the Brighton Australia Pty Ltd/CFMEU Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brighton Australia Pty Ltd/CFMEU Collective Agreement 2013 (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 and Brighton Australia Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, 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) 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 21 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Brighton Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Commission was tasked with assessing the fairness and compliance of the agreement, which included terms related to employment conditions, dispute resolution, and procedural fairness. The case highlighted the importance of balancing the rights of employers and employees while ensuring that the collective agreement adheres to the legislative framework governing industrial relations.

The primary legal issues before the Commission were whether the agreement provided for procedural fairness, allowed for genuine bargaining, and met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained provisions that were fair and reasonable in all aspects and whether it was made in good faith. Furthermore, the Commission examined whether the agreement adequately addressed the rights of employees and provided mechanisms for resolving disputes. The Commission also considered whether the agreement was in compliance with the relevant industrial instruments and did not contravene any provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the Brighton Australia Pty Ltd/CFMEU Collective Agreement 2013 was fair and reasonable. The Commission acknowledged that the agreement was the result of genuine bargaining between the parties and contained provisions that were necessary and appropriate for the industry. The Commission noted that the agreement provided for procedural fairness and included mechanisms for resolving disputes in a manner that was both efficient and fair. The Commission concluded that the agreement met all the legal requirements for approval under the Fair Work Act. Consequently, the Commission approved the collective agreement, ensuring that the terms would be enforceable and provide a stable industrial relations environment for the parties involved.

The Commission's final orders included the approval of the Brighton Australia Pty Ltd/CFMEU Collective Agreement 2013. This decision affirmed that the agreement was fair, reasonable, and compliant with the legislative requirements under the Fair Work Act. The approval of the agreement allowed for the continued operation of the terms within the industrial relations framework, providing certainty and stability for both Brighton Australia Pty Ltd and the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established