Construction, Forestry, Mining and Energy Union

[2013] FWCA 9598

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11657)

AUSTRALIAN POST TENSIONING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 DECEMBER 2013

Application for approval of the Australian Post Tensioning Pty Ltd/CFMEU Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning 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 Australian Post Tensioning 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, have 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the Australian Post Tensioning Pty Ltd sought approval for a collective agreement with the union. The application was brought before the Fair Work Commission (FWC). The dispute centred around the terms and conditions outlined in the proposed collective agreement and whether these terms complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the terms of the proposed collective agreement were procedurally and substantively fair. The FWC needed to determine if the agreement was genuinely negotiated, whether it provided for the proper balance of rights and obligations between the parties, and if it aligned with the principles of the Fair Work Act. A particular focus was on whether the agreement adequately addressed the rights of employees and employers, including provisions related to wages, conditions, dispute resolution, and the implementation of workplace agreements.

The FWC examined the evidence presented regarding the negotiation process and the content of the agreement. It was noted that the agreement had been negotiated in good faith by both parties and that it addressed various aspects of the employment relationship. The FWC found that the agreement contained provisions that were fair and reasonable, ensuring a balance of rights and obligations. Consequently, the FWC approved the collective agreement, finding it to be in accordance with the relevant legislative requirements.

The FWC approved the Australian Post Tensioning Pty Ltd/CFMEU Collective Agreement 2013, confirming that it met the necessary legal standards for approval. This decision was based on the evidence of proper negotiation and the fair content of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established