Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9820

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11830)

AUSRISE ALUMINIUM 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 Ausrise Aluminium Pty Ltd / CFMEU Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ausrise Aluminium 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 Ausrise Aluminium 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 2016.

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Ausrise Aluminium Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question was the Ausrise Aluminium Pty Ltd / CFMEU Collective Agreement 2013. The CFMEU sought approval of the agreement, while Ausrise Aluminium Pty Ltd did not oppose the application. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the Ausrise Aluminium Pty Ltd / CFMEU Collective Agreement 2013 complied with the statutory requirements for approval. The Commission needed to examine the agreement's contents and determine if it adhered to the standards set by the Fair Work Act, including whether it provided for a fair and efficient way of determining wages and other conditions of employment. The Commission also had to ensure that the agreement did not discriminate against employees or potential employees and that it was consistent with the overarching principles of the Act.

In delivering its decision, the Commission considered the provisions of the agreement and its alignment with the Fair Work Act. It found that the Ausrise Aluminium Pty Ltd / CFMEU Collective Agreement 2013 was comprehensive and detailed, covering a wide range of employment terms and conditions. The Commission noted that the agreement provided for a structured approach to resolving disputes and determining employment conditions, which was consistent with the objectives of the Act. Furthermore, the Commission determined that the agreement did not contain any discriminatory provisions and was in line with the broader principles of the Fair Work Act. Based on these findings, the Commission approved the agreement, recognising its compliance with the necessary statutory requirements.

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