Construction, Forestry, Mining and Energy Union

[2013] FWCA 9635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11570)

CANBERRA CONTRACTORS PTY LTD/ CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 9 DECEMBER 2013

Application for approval of the Canberra Contractors Pty Ltd/ CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Contractors Pty Ltd/ CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. 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 they want the Agreement to cover them. 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 16 December 2013. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Canberra Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2013-2016. The dispute centred on the validity and fairness of the terms of the proposed agreement. The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant industrial relations laws and whether it was fair and reasonable.

The key legal issues the Commission had to address included whether the agreement was genuinely negotiated between the parties, whether it complied with the applicable legislative framework, and whether it was fair and reasonable in all its terms. The Commission also needed to consider whether the agreement adequately protected the rights of employees and whether it conformed to the principles of good faith bargaining.

In deliberating on the application, the Fair Work Commission examined the evidence presented by both parties and assessed the terms of the agreement in light of the relevant statutory provisions and principles of industrial relations law. The Commission found that the agreement was genuinely negotiated and that it complied with the legislative requirements. Furthermore, the Commission determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission concluded that the agreement provided an appropriate balance between the needs of the business and the rights of the employees.

As a result of its findings, the Fair Work Commission approved the Canberra Contractors Pty Ltd/ CFMEU Collective Agreement (ACT) 2013-2016. The approved agreement was to be registered and would govern the employment conditions of the employees of Canberra Contractors Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established